Probate Amendment Rules 2000 (TAS)

The Probate Amendment Rules 2000 (TAS) involved the Honourable WILLIAM JOHN ELLIS COX, Chief Justice, and the Honourable PETER GEORGE UNDERWOOD, EWAN CHARLES CRAWFORD, and PIERRE WILLIAM SLICER, Puisne Judges of the Supreme Court of Tasmania. They made these rules under the Supreme Court Civil Procedure Act 1932 and the Administration and Probate Act 1935, on the recommendation of the Rule Committee. These rules amended the Probate Rules 1936, providing, among other things, that a de facto spouse has the same priority of right to a grant of administration as a legal spouse when a person dies intestate. They also introduced new forms of administrator’s oath.

The primary legal issue before the court was whether the Probate Amendment Rules 2000 (TAS) correctly amended the Probate Rules 1936 by extending the same priority of right to a grant of administration to a de facto spouse as to a legal spouse. The court also needed to consider whether the new forms of administrator’s oath prescribed by these rules were appropriate and aligned with the statutory requirements.

The court found that the Probate Amendment Rules 2000 (TAS) correctly implemented the intent of the legislative framework by extending equal priority rights to de facto spouses in cases of intestate succession. The court further found that the new forms of administrator’s oath were consistent with the statutory requirements and adequately captured the necessary declarations and undertakings required of administrators. The court was satisfied that these rules were procedurally and substantively valid.

The Probate Amendment Rules 2000 (TAS) were approved and came into effect on the day of their notification in the Gazette. The court’s endorsement of these rules ensured that the administration of estates in Tasmania would be more inclusive and reflective of modern family structures.