Non-contentious Probate Amendment Rules 2009 (WA)

4786 GOVERNMENT GAZETTE, WA 27 November 2009

U302*

Administration Act 1903 Supreme Court Act 1935

Non-contentious Probate Amendment

Rules 2009

These rules amend the Non-contentious Probate Rules 1967.

Made by the Judges of the Supreme Court.

1.            Citation

These rules are the Non-contentious Probate Amendment Rules 2009.
2.	Commencement These rules come into operation as follows —

(a)	rules 1 and 2 — on the day on which these rules are published in the Gazette;
(b)	the rest of the rules — on the day after that day.

3.            Rules amended

27 November 2009 GOVERNMENT GAZETTE, WA 4787

4.     Rule amended

(1)	In rule 2(1) delete the definitions of:
rule the Act
the Registry
(2)	In rule 2(1) delete the definition of the Wills Act 1837 and "and" after it.
(3)	In rule 2(1) insert in alphabetical order:

Act means the Administration Act 1903;
prescribed fee means the fee prescribed by the

Supreme Court (Fees) Regulations 2002;

Registry means the Probate Office of the Supreme

Court.

(4) In rule 2(1) delete "words" and insert:

(2A) Words

5. Rule 8 amended
In rule 8:

(a) after paragraph (i) insert:
(iia) the date of birth of the testator; and

(b) delete paragraphs (iii) and (iv) and insert:

(iii)

that the testator has left a will and the date the

will was executed; and

(iv)      whether there is any codicil to the will and, if there is, the date the codicil was executed: and

(c) after paragraph (v) insert:

(via) that the testator did not marry after the will was

executed; and

(vib) whether the testator was married at the time the

will was executed; and

(vie) if the testator was married at the time the will was executed, whether the marriage ended for the purposes of the Wills Act 1970

section 14A(2) after the will was executed; and

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(vid) if the testator was married at the time the will
was executed and the marriage did end for the
purposes of the Wills Act 1970 section 14A(2)
after the will was executed, the date the

marriage ended; and

(vie) that the will and any codicil sought to be

proved is not revoked by any later will; and

(d) after each of paragraphs (i), (ii), (v), (vi) and (vii) insert:

and

6. Rule 17 amended
In rule 17(1):

(a)	delete "section 21 of the Wills Act 1837, or";
(b)	delete "(whichever is applicable),".

7.            Rule 20 amended

In rule 20(1) delete "section 9 of the Wills Act 1837, as explained by Act 18 Vict. No. 13 or".

8.            Rule 21 amended

In rule 21 delete "either of the following provisions apply,
namely, section II of the Wills Act 1837, as amended by the
Wills (Soldiers, Sailors and Airmen) Act 1941, or Part VI of the
Wills Act 1970," and insert:

the Wills Act 1970 Part VI applies,

9.           Rule 43B replaced

Delete rule 43B and insert: 

43B.	Lawyer's costs for non-contentious probate applications
Subject to the Legal Profession Act 2008 Part 10, law practices (as defined in that Act) are entitled to charge and shall be allowed Out of the estates of deceased persons -

(a)	the remuneration they are entitled to charge under that Act; and
(b)	proper disbursements necessarily made or incurred,

in respect of the non-contentious administration of
those estates.

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10.          Second Schedule deleted

Delete the Second Schedule.

Dated: 23 November 2009.

Judges' signatures:

W. S. MARTIN	CAROLYN JENKINS
M. J. MURRAY	RALPH SIMMONDS
N. J. OWEN	P. D. BLAXELL
C. WHEELER	ANDREW BEECH
JOHN McKECHNIE	D.W.NEWNES
N. P. HASLUCK	K. J. MARTIN
C. J. McLURE	G. MURPHY
C. PULL1N	S. D. HALL
ERIC M. HEENAN