Non-contentious Probate Rules 1967 (WA)

Western Australia

Administration Act 1903

Western Australia

Administration Act 1903

Non‑contentious Probate Rules 1967

These rules may be cited as the Non‑contentious Probate Rules 1967, and shall come into operation at the expiration of one month after publication in the Government Gazette.

• (1)

  In these rules, unless the contrary intention appears — 

Act means the Administration Act 1903;

grant means a grant of probate or administration, or an order to administer made under section 10 or section 12 of the Public Trustee Act 1941;

prescribed fee means the fee prescribed by the Supreme Court (Fees) Regulations 2002;

Registrar means a person for the time being holding or acting in an office designated under the Supreme Court Act 1935, “Registrar of the Supreme Court”, and a reference to the Registrar or to a Registrar may include a reference to the Principal Registrar or a deputy Registrar;

Registry means the Probate Office of the Supreme Court.

• (2A)

  Words and expressions defined in section 3 of the Act and used in these rules have the same respective meanings as in the Act.

• (2)

  A form referred to by number means the form so numbered in the First Schedule; and those forms shall be used wherever applicable, with such variations as the Registrar may in any particular case direct or approve.

[Rule 2 amended: Gazette 14 December 1979 p. 3876; 6 March 1981 p. 895; 27 Nov 2009 p. 4787.]

• (1)

  The Rules of the Supreme Court 1971, and the general practice of the Court including the course of practice and procedure in Chambers apply, so far as may be practicable, to proceedings to which these rules relate, but only to the extent that the Act or these rules do not otherwise provide.

• (2)

  Where no other provision is made, the practice and procedure heretofore in force shall continue to apply.

• (3)

  All proceedings to which these rules relate shall be intituled “In the Supreme Court of Western Australia” “Probate Jurisdiction”.

• (4)

  In addition to the requirements of Order 69 of the Rules of the Supreme Court 1971, each document shall have endorsed on the back of the right hand half of the last page the name of the deceased and a short description of the document.

[Rule 3 amended: Gazette 20 October 1972 p. 4159; 15 December 1989 p. 4520.]

• (1)

  The Registrar may exercise the powers of a Judge in Chambers in and about the granting of probate and administration, and in and about the granting to the Public Trustee of orders to administer the estates of deceased persons, and may transact all such business and exercise all such powers and authorities in respect of voluntary or non‑contentious probate jurisdiction as under the Act, the Supreme Court Act 1935,…