District Court Amendment (Probate and Administration) Rule 2014 (NSW)

New South Wales

District Court Amendment (Probate and

Administration) Rule 2014

under the

District Court Act 1973

The District Court Rule Committee has made the following rule of court under the District Court

Act 1973.

A Grew

Secretary of the Rule Committee

Explanatory note

The objects of this Rule are to apply Part 78 (Probate and Administration) of the Supreme Court Rules 1970 to proceedings before the District Court under Chapter 3 of the Succession Act 2006 and to make provision with respect to proceedings before the District Court under the Testator’s Family Maintenance and Guardianship of Infants Act 1916.

District Court Amendment (Probate and Administration) Rule 2014 [NSW]

District Court Amendment (Probate and Administration) Rule

2014

under the

District Court Act 1973

1      Name of Rule

This Rule is the District Court Amendment (Probate and Administration) Rule 2014.

2      Commencement

This Rule commences on the day on which it is published on the NSW legislation website.

3 Amendment of District Court Rules 1973

Part 51D

Omit the Part. Insert instead:

Part 51D Succession Act 2006 and Testator’s Family

Maintenance and Guardianship of Infants Act
1916

1 Succession Act 2006

The provisions of Schedule J to the Supreme Court Rules 1970 referable to the Succession Act 2006 and Part 78 of the Supreme Court Rules 1970 apply to proceedings before the District Court under Chapter 3 of that Act in the same way as they apply to proceedings before the Supreme Court.

2 Testator’s Family Maintenance and Guardianship of Infants Act 1916

The provisions of Schedule J to the Supreme Court Rules 1970 referable to the Testator’s Family Maintenance and Guardianship of Infants Act 1916 apply to proceedings before the District Court under section 3 of the Testator’s Family Maintenance and Guardianship of Infants Act 1916 (as in force immediately before that Act was amended by the Succession Amendment (Intestacy) Act 2009) in the same way as they apply to proceedings before the Supreme Court.

3      Form of documents

If a provision of Part 78 of, or Schedule J to, the Supreme Court Rules 1970 requires a document to be in a form approved under section 17 of the Civil Procedure Act 2005 in proceedings in the Supreme Court under the Succession Act 2006 or Testator’s Family Maintenance and Guardianship of Infants Act 1916, the document is to be in that form in proceedings in the District Court.