Probate Amendment Rules 2011
We, the Honourable Ewan Charles Crawford, Chief Justice, and the Honourable Peter Ethrington Evans, the Honourable Alan Michael Blow, OAM, the Honourable Shan Eve Tennent, the Honourable David James Porter and the Honourable Helen Marie Wood, Puisne Judges of the Supreme Court of Tasmania, on the recommendation of the Rule Committee, make the following Rules of Court under the Supreme Court Civil Procedure Act 1932 and the Administration and Probate Act 1935 .
1Short titleThese Rules of Court may be cited as the Probate Amendment Rules 2011 . 2CommencementThese Rules of Court take effect on the twenty-first day after the day on which their making is notified in the Gazette. 3Principal RulesIn these Rules of Court, the Probate Rules 1936 are referred to as the Principal Rules. 4Transitional application of amendments (1) The amendments of the Principal Rules effected by rules 13 , 14 , 15 , 16 , 17 , 18 , 19 and 20(b) of these rules do not apply to probate work undertaken in respect of the estate of a person who died before these rules take effect. (2) In the case of probate work undertaken in respect of the estate of a person who died before these rules take effect, the former Principal Rules continue to apply to the probate work as if these rules had not been made. (3) In this rule – former Principal Rules means the Probate Rules 1936 as in force immediately before these rules take effect; probate work means non-contentious business or common form business within the meaning of the Principal Rules. 5Rule 3A inserted (Interpretation)After rule 3 of the Principal Rules, the following rule is inserted: 3AInterpretation In these rules – practitioner means an Australian legal practitioner. 6Rule 5 amended (Manner in which applications made)Rule 5(1) of the Principal Rules is amended by omitting "a solicitor practising within the jurisdiction" and substituting "a practitioner". 7Rule 21 amended (Priority of right to grant, where will)Rule 21(d) of the Principal Rules is amended by omitting "the legal personal representative of" and substituting "the practitioner representing any". 8Rule 27 amended (Requirements in respect of notice under rule 26)Rule 27 of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner". 9Rule 31 amended (Administration bonds)Rule 31(1) of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner". 10Rule 69 amended (Requirements for affidavits)Rule 69(2) of the Principal Rules is amended by omitting "solicitor", twice occurring, and substituting "practitioner". 11Rule 77 amended (Caveats to be entered in Registry)Rule 77 of the Principal Rules is amended by omitting "solicitor" and substituting "practitioner". 12Rule 94 amended (Fees)Rule 94(1A) of the Principal Rules is amended by omitting "Probate Amendment Rules 1997" and substituting " Probate Amendment Rules 2011 ". 13Rule 95 rescindedRule 95 of the Principal Rules is rescinded. 14Rule 96 rescindedRule 96 of the Principal Rules is rescinded. 15Rule 97 rescindedRule 97 of the Principal Rules is rescinded. 16Rule 98 rescindedRule 98 of the Principal Rules is rescinded. 17Rule 99 rescindedRule 99 of the Principal Rules is rescinded. 18Rule 100 rescindedRule 100 of the Principal Rules is rescinded. 19Rule 101 rescindedRule 101 of the Principal Rules is rescinded. 20Appendix amendedThe Appendix to the Principal Rules is amended as follows: (a) by omitting Part I and substituting the following Part: PART IFees payable to Registrar Rule 94
| Item | Fee ($) |
| 1. | For granting probate or letters of administration or for resealing a foreign grant – |
| (a) if the gross value of the estate in Tasmania as stated in the oath is less than $50 000 | 110 |
| (b) if that gross value is equal to or greater than $50 000 but is less than $100 000 | 270 |
| (c) if that gross value is equal to or greater than $100 000 | 430 |
| 2. | For filing an election to administer – |
| (a) if the gross value of the estate in Tasmania as stated in the oath is less than $50 000 | 50 |
| (b) if that gross value is equal to or greater than $50 000 | 90 |
| 3. | Searches, copies or certificates – |
| (a) for search | 16.50 |
| (b) for exemplification or a certified copy of a document | 55 |
| (c) for an office copy of a document | 1 (each page or part of a page) |
| (d) for preparation and sealing of a certified copy, or an exemplification, of any probate or letters of administration, or for resealing a foreign grant | 55 |
(b) by rescinding Part II; (c) by omitting Form XXII from Part III and substituting the following form: Form XXII E. C. CRAWFORD
Chief Justice
P. E. EVANS
Puisne Judge
A. M. BLOW
Puisne Judge
S. E. TENNENT
Puisne Judge
D. J. PORTER
Puisne Judge
H. M. WOOD
Puisne Judge
Countersigned,
E. A. KNIGHT
Registrar
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 23 March 2011
These Rules of Court are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the rule) These Rules of Court amend the
(a) increasing the fees payable to the Registrar of the Supreme Court in non-contentious proceedings under the Administration and Probate Act 1935 and rescinding the provisions relating to the costs, charges and disbursements allowed to solicitors in those proceedings; and (b) updating certain references consequent on the enactment of the Legal Profession Act 2007 ; and (c) amending Form XXII relating to the Administrator’s Oath.