QLDIn ForceRegulation
Uniform Civil Procedure Rules 1999
sec.640Proof in solemn form
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### sec.640 Proof in solemn form
If the court has made a grant in common form of probate or of administration with the will, any person who claims to have a sufficient interest in the administration of the estate may apply to the court for an order for the personal representative to bring the grant into the registry.
However, the court must not make the order unless it is satisfied the applicant has an interest in the administration of the estate, or a reasonable prospect of establishing an interest in the administration of the estate.
If the court orders the personal representative to bring the grant into the registry, the court may also give the directions the court considers appropriate, including directions about the persons to be made parties to the proceeding and about service.
As soon as practicable after the court makes an order under this rule, the personal representative must start a proceeding for a grant in solemn form.
(sec.640-ssec.1) If the court has made a grant in common form of probate or of administration with the will, any person who claims to have a sufficient interest in the administration of the estate may apply to the court for an order for the personal representative to bring the grant into the registry.
(sec.640-ssec.2) However, the court must not make the order unless it is satisfied the applicant has an interest in the administration of the estate, or a reasonable prospect of establishing an interest in the administration of the estate.
(sec.640-ssec.3) If the court orders the personal representative to bring the grant into the registry, the court may also give the directions the court considers appropriate, including directions about the persons to be made parties to the proceeding and about service.
(sec.640-ssec.4) As soon as practicable after the court makes an order under this rule, the personal representative must start a proceeding for a grant in solemn form.