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Uniform Civil Procedure Rules 1999
sec.609Contents of supporting affidavit on intestacy
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### sec.609 Contents of supporting affidavit on intestacy
An affidavit in support of an application for letters of administration on intestacy must—
state the following—
the date of death or, if the date of death is not known, the circumstances of death and the place of death of the deceased;
the relationship, if any, of the applicant to the deceased;
the grounds on which the applicant is entitled to a grant in priority to anyone else or, if the applicant does not claim priority, the facts on which the applicant relies for the making of the grant;
so far as it is known to the applicant—the name of anyone having, under the Succession Act 1981 , sections 35 to 37 , a beneficial interest in the estate in the particular circumstances; and
if a certificate of the deceased’s death is issued under the Births, Deaths and Marriages Registration Act 2003 or a corresponding law of another jurisdiction—have, as an exhibit, a certified copy of the certificate.
r 609 amd 2007 SL No. 96 s 17
- (a) state the following— (i) the date of death or, if the date of death is not known, the circumstances of death and the place of death of the deceased; (ii) the relationship, if any, of the applicant to the deceased; (iii) the grounds on which the applicant is entitled to a grant in priority to anyone else or, if the applicant does not claim priority, the facts on which the applicant relies for the making of the grant; (iv) so far as it is known to the applicant—the name of anyone having, under the Succession Act 1981 , sections 35 to 37 , a beneficial interest in the estate in the particular circumstances; and
- (i) the date of death or, if the date of death is not known, the circumstances of death and the place of death of the deceased;
- (ii) the relationship, if any, of the applicant to the deceased;
- (iii) the grounds on which the applicant is entitled to a grant in priority to anyone else or, if the applicant does not claim priority, the facts on which the applicant relies for the making of the grant;
- (iv) so far as it is known to the applicant—the name of anyone having, under the Succession Act 1981 , sections 35 to 37 , a beneficial interest in the estate in the particular circumstances; and
- (b) if a certificate of the deceased’s death is issued under the Births, Deaths and Marriages Registration Act 2003 or a corresponding law of another jurisdiction—have, as an exhibit, a certified copy of the certificate.
- (i) the date of death or, if the date of death is not known, the circumstances of death and the place of death of the deceased;
- (ii) the relationship, if any, of the applicant to the deceased;
- (iii) the grounds on which the applicant is entitled to a grant in priority to anyone else or, if the applicant does not claim priority, the facts on which the applicant relies for the making of the grant;
- (iv) so far as it is known to the applicant—the name of anyone having, under the Succession Act 1981 , sections 35 to 37 , a beneficial interest in the estate in the particular circumstances; and