Rules of the Supreme Court of the Northern Territory of Australia (Amendment) (Cth)

STATUTORY RULES

1970 No.

 

RULES UNDER THE NORTHERN TERRITORY SUPREME COURT ACT 1961-1969*

I, RICHARD ARTHUR BLACKBURN, the senior Judge of the Supreme Court of the Northern Territory of Australia, in pursuance of the powers conferred on me by the Northern Territory Supreme Court Act 1961-1969, hereby make the following Rules of Court.

Dated this fourteenth day of December, 1970.

Senior Judge.

 

Amendments of the Rules of the Supreme Court of the Northern Territory of Australia 

Citation.

1.—(1.) In these Rules, Statutory Rules 1966, No. 178, as amended by Statutory Rules 1967, No. 14, are referred to as the Principal Rules.

(2.) Part 3 of the Principal Rules, as amended by these Rules, being that Part as in force from time to time, may be cited as the Administration and Probate Rules.

Commencement.

2. These Rules shall come into operation on the date on which the Administration and Probate Ordinance 1969 comes into operation and shall apply to all proceedings under that Ordinance instituted on or after that date.

Parts.

3. Rule 4 of Order 1 of the Principal Rules is amended by adding at the end thereof the following words and figures:—

“Part 3.—Administration and Probate Jurisdiction.”.

Definitions.

4. Rule 5 of Order 1 of the Principal Rules is amended—

(a)by omitting from the definition of “administration and probate jurisdiction” the words “Administration and Probate Act and Ordinance 1891 to 1940” and inserting in their stead the words “Administration and Probate Ordinance 1969”; and

(b)by omitting from the definition of “probate action” the word “recall” and inserting in its stead the word “revocation”.

Service out of the Commonwealth or other documents.

5. Rule 9 of Order 12 of the Principal Rules is amended by adding at the end of paragraph (d)the words “or a citation in such in action.”,

Probate actions.

6.Rule 2 of Order 24 of the Principal Rules is amended by adding at the end of paragraph (d) the words “or a citation in such an action”.

“(2.) The last preceding sub-rule does not apply to an application to revoke, probate or letters of administration.”.

 

* Notified in the Northern Territory Government Gazette on 19 .

  Statutory Rules 1966, No. 178, as amended by Statutory Rules 1967, No. 14.

20457/70—Price 25c 9/30.12.1970

7. After Order 68 of the Principal Rules the following Part is added:—

“PART 3.—ADMINISTRATION AND PROBATE JURISDICTION.

“ORDER 69.

“I.—Preliminary.

Interpretation

“1.—(i.) In this Part, unless the contrary intention appears—

‘official record’ means, in relation to a death, a copy or photographic representation of an entry of the death in an official register of deaths, being a true copy or representation certified as a true copy or representation by a person having the custody of the register containing the entry of which it purports to be a true copy or photographic representation;

‘the Ordinance’ means the Administration and Probate Ordinance 1969 or that Ordinance as amended at any time.

“(2.) A requirement in this Part that an official record be produced or exhibited to an affidavit shall be read as a requirement that there be produced or so exhibited either an official record of the death written in the English language or an official record of the death written in a language other than the English language together with a translation, in the English language, of the official record, being a translation having written on it a declaration signed by the person who made the translation declaring that the translation is a translation of the official record of which it purports to be a translation and that he is competent to make a translation of that official record.

“(3.) Unless the contrary intention appears, expressions used in this Part have the same meaning as in the Ordinance.

“(4.) A reference in this Part or in a form in the Fourth Schedule to these Rules, to the Administration and Probate Rules shall be read as a reference to the Rules contained in this Part.

Title of proceedings.

“2 Every proceeding in the Court in the jurisdiction conferred on it by the Ordinance shall be entitled ‘In the Supreme Court of the Northern Territory of Australia, Probate Jurisdiction’.

“II.—Application for Representation.

Notices of intended application for probate or administration A.C.T. O.72 r. 3.

“3.—(1.) Notice of an intended application for representation shall be in accordance with Form 1 or Form 2 in the Fourth Schedule.

“(2.) In applications for administration when a reduction of or dispensation with the administration bond is asked for, notice shall also be given to creditors to send in their claims, and an affidavit of the publication and result of that notice shall be filed in the Registrar’s office.

Notice of application to repeal foreign grant Lb r. 4.

“4. Notice of an intended application to reseal any foreign grant of representation shall be in accordance with Form 3 in the Fourth Schedule.

Application to be made on motion. Lb r. 5.

“5.—(1.) Unless otherwise provided in the Ordinance or these Rules, an application for representation may be made on motion, which, unless the Court or a Judge otherwise orders, may be made ex parte.

“(2.) The application may be made through a solicitor or in person by executors and parties entitled to grants of administration.

Application for probate, Lb r. 6.

“6.—(1.) Every application for probate shall be accompanied by affidavits setting forth—

(a)that the applicant is a body corporate or is of the full age of twenty-one years;

 

(b) the death of the testator;

(c) the date of the decease of the testator;

(d)that the testator has left a will, the manner in which the applicant identified the will as the will of the testator, and that the will is unrevoked (if that be the fact);

(e) the date of the will;

(f) that the testator had attained the age of eighteen years at the date of execution of the will and has not married since that date;

(g)the name of each executor and of each of the subscribing witnesses thereto and the residence of each at the time the affidavit is sworn (if known);

(h)an identification or statement of the contents of the will;

(i) a statement of the value of the property of the testator in the Territory, distinguishing real and personal property, and a short statement of what it consists of;

(j) that a search has been made in the index of wills deposited or deemed to have been deposited in the office of the Registrar under the Wills Ordinance 1938-1969 and what that search has revealed as to the deposit therein of any other will;

(k)that notices of intention to make the application have been published in the manner referred to in paragraph (b)of section 18 of the Ordinance;

(l) that no caveat has been lodged up to the morning of the application; and

(m)that, prior to the making of the application, no election has been filed under section 121 of the Ordinance, no order to collect and administer has been granted under section 122 of the Ordinance, and no application for probate or administration in the matter has been made to or been granted by the Court or the Registrar, or, if such an election, order or application has been so filed, granted or made previously, the full particulars thereof.

“(2.) An official record of the death of the testator shall be exhibited to the affidavit setting forth his death, or, if no such official record is so exhibited, an additional affidavit small accompany the application setting forth the facts retied on to establish his death or a presumption of his death.

Form of citation to take probate.

“7. A citation to an executor named in a will to take probate shall be in accordance with Form 4 in the Fourth Schedule.

Where testator blind, illiterate, &c. cf. N.S.W. r. 14.

“8.—(1.) Where—

(a)in a will the signature of the testator appears to be the signature of a blind or illiterate person;

(b)a will appears to have been signed by a person other than the testator; or

(c) there are any other circumstances in relation to a will which raise doubts whether the testator had knowledge of the contents of the will at the time of its execution,

an application for probate of the will or for administration with the will annexed shall be accompanied by an affidavit or affidavits setting out evidence to establish that the testator knew and approved of the contents of the will,

“(2.) Where such an affidavit is sworn by an attesting witness or other person present at the time of execution of the will, it shall state the manner in which the will was executed.

If proper execution of will apparent, affidavit of attesting witness not normally required.

“9. Subject to the last preceding rule, where it appears from the attestation clause of a will that the will has been executed in the manner required by section 8 of the Wills Ordinance 1938-1969, an affidavit by an attesting witness as to due execution of the will is not required to be filed unless the Court or a Judge or the Registrar is of the opinion that there is some doubt as to the due execution of the will or that there is some circumstance in relation to the execution that requires explanation.

Proof of execution where attesting witnesses dead, &c. cf. N.S.W.r. 12.

“10.—(1.) Where—

(a) a will does not contain an attestation clause; or

(b)the attestation clause in a will does not indicate that the will has been executed in the manner required by section 8 of the Wills Ordinance 1938-1969,

an application for probate of the will or for administration with the will annexed shall be accompanied by—

(c) an affidavit by one or more of the attesting witnesses as to the due execution of the will;

(d)if evidence is furnished to show that—

(i) the attesting witnesses are dead; of

(ii) from other circumstances no attesting witness is available to make such an affidavit,

an affidavit by any other person who was present at the time of execution of the will as to the due execution of the will; or

(e)if no such affidavit as is mentioned in either of the last two preceding paragraphs can be obtained, an affidavit setting forth evidence identifying the signatures of the testator and the attesting witnesses or as to any other matter which may raise a presumption of the due execution of the will.

Interlineations and alterations of. N.S.W. r. 16.

“11. Where an obliteration, interlineation or other alteration made in a will is not executed in the manner in which a will is required by the Wills Ordinance 1938-1969 to be executed, the Court, a Judge or the Registrar may require such evidence on affidavit to be produced as it or he thinks fit to show whether the alteration was made before the execution of the will.

Reference in will to documents, appearance of paper, &c. cf. N.S.W. r. 17.

“12.—(1.) Where—

(a) a will contains a reference to another document, being a reference of such a nature as to suggest that the document may be incorporated in the will;

(b)there are on a will marks from which it appears that another document has been attached to the will; or

(c) part of the paper upon which a will has been written has been torn or cut,

the Court, a Judge or the Registrar may require the production of the document or paper and such evidence in relation to it as it or he thinks fit.

“(2.) Where, in relation to a will, there is any appearance of burning, tearing or other attempted destruction of the will, or any other circumstances leading to a presumption that the testator revoked the will, an application for probate of the will or for administration with the will annexed shah be accompanied by an affidavit setting forth a full explanation of the appearance or circumstances.

Undated wills of. N.S.W. r. 15.

“13. Where a will is undated, or there appears to be any doubt as the date on which it was executed, the Court, a Judge or the Registrar may require such evidence as it or he thinks necessary to establish the date on which it was executed.

Inoperative wills cf. N.S.W. r. 18.

“14. Where, in the opinion of the Court, a Judge or the Registrar, a question arises as to whether a will is or may be wholly or partly inoperative, an affidavit may he required from the applicant showing what persons would be entitled to take an interest in the estate of the testator if he had died intestate.

Affidavits in support of applications for administration with the will annexed A.C.T. O. 72 r. 12.

“15.—(1.) Every application for administration with the will annexed shall be accompanied by—

(a) affidavits setting forth the particulars required by sub-rule (1.) of rule 6 of this Order, so far as practicable; and

(b)affidavits stating the character in which the person making the application claims to be entitled and the truth thereof,

“(2.) An official record of the death of the deceased shall be exhibited to the affidavit setting forth his death, or, if no such official record is so exhibited, an additional affidavit shall accompany the application setting forth the facts relied on to establish his death or a presumption of his death.

Application for administration, A.C.T. O. 72 r. 14.

“16.—(1.) Every application for administration of the estate of a deceased person dying intestate shall be supported by affidavits setting forth—

(a)that the applicant is a body corporate or is of the full age of twenty-one years;

(b)the death of the deceased and the status of the deceased, that is, whether leaving a wife or husband or dying a bachelor, widower, spinster, widow or divorced person;

(c) the date of the death of the deceased;

(d)that he died intestate, leaving property in the Territory, specifying its value, distinguishing real and personal property, and stating shortly of what it consists;

(e) facts showing that the Intestate Aboriginals (Distribution of Estates) Ordinance 1961 1967 does not apply to or in relation to the estate of the estate of the deceased;

(f) the names and ages, so far as are known, of the persons entitled to take an interest in the intestate estate of the deceased and their relationships to the deceased;

(g)the character in which the person making the application claims to be entitled and the truth thereof;

(h)if the applicant is a creditor, that fact and to what amount, the particulars of his debt and the evidence in support thereof;

(i) that the applicant has carefully inquired if there is a will;

(j) that a search has been made in the index of wills deposited or deemed to have been deposited in the office of the Registrar under the Wills Ordinance 1938-1969 and what that search has revealed as to the deposit therein of any will;

(k)that notices of intention to make the application have been published in the manner referred to in paragraph (b)of section 18 of the Ordinance;

(l) that no caveat has been lodged up to the morning of the application; and

(m) that, prior to the making of the application, no election has been filed under section 121 of the Ordinance, no order to collect and administer has been granted under section 122 of the Ordinance, and no application for probate or administration in the matter has been made to or been granted by the Court or the Registrar, or, if such an election, order or application has been so filed, granted or made previously, the full particulars thereof.

“(2.) An official record of the death of the deceased person shall be exhibited to the affidavit setting forth his death, or, if no such official record is so exhibited, an additional affidavit shall accompany the application setting forth, the facts relied on to establish his death or a presumption of his death.

Application by creditors A.C.T. o. 72 r.13.

“17. A creditor who intends to apply for administration shall, before so applying, issue a citation in accordance with Form 5 in the Fourth Schedule calling upon the husband or wife and next of kin of the deceased to appear and show cause why administration should not be granted to him, and shall, before the return day of the citation, prove his debt before the Registrar,

Address for service, Lb, r. 17.

“18. Upon every application for representation a notice of an address where all notices may be served shall be filed, and service at that address by registered letter, or as the Court, a Judge or the Registrar directs, shall be deemed sufficient service of any notice, notification or summons under the Ordinance or under this Part unless the contrary intention appears in the Ordinance or this Part.

Notice to other next of kin, Lb. r. 18.

“19.—(1.) Where administration is applied for by one or some only of the persons entitled to administration, there being another or other next of kin equally entitled thereto, or a husband or wife of the deceased within the jurisdiction, their consent duly verified shall be filed, or evidence shall be adduced of their having been served with notice of the application, or that they cannot be found.

“(2.) Where the husband or wife of the deceased applies, notice of the application shall be given to all the next of kin of the deceased of the full age of twenty-one years within the jurisdiction, or evidence shall be adduced that they cannot be found.

Registrar not to deal with application for representation in certain cases, Lb. r. 19.

“20. Where an application for representation, or to have the seal of the Court affixed to any probate or letters of administration, has been made to the Registrar, and—

(a)a caveat against the application is subsequently lodged with the Registrar before the representation applied for has been granted;

(b)there is no direct evidence of the death of the person in respect of whom the application is made but only evidence supporting a presumption of his death;

(c) it appears doubtful to the Registrar whether the application should be granted; or

(d)the application is made under Part IV. of the Ordinance, and the Registrar thinks it proper to be dealt with by the Court, or it becomes necessary to obtain the directions of the Court,

the Registrar shall serve on the applicant a notice in writing stating that he will not deal with the application, and giving his reasons, and the applicant may then make the application to the Court on notice of motion filed in the office of the Registrar at least seven clear days before the application comes on for hearing.

“III.—Administration Durante Minore Aetate.

Administration durante minore aetate Lb. r. 20.

“21. A grant of administration durante minore aetate may be made to the guardian of an infant for the use and benefit of the infant, subject to such limitations or conditions as the Court, a Judge or the Registrar orders.

Election of guardian Lb. r. 21.

“22. An infant above the age of seven years may elect a guardian, but if an infant is not above that age a guardian shall be assigned by the Court, a Judge or the Registrar, and, upon any application by the guardian for administration, evidence of his election or assignment shall be produced.

Where there are infants both above and under age of seven years Lb. r. 22.

“23. In a family where there are infants both above and under the age of seven years, an elected guardian may act for all the infants without special assignment.

“IV.—Small Estates.

Applications in the case of small estates, A.C.T. O.72 r. 23.

“24.—(1.) Any person desiring to obtain a grant of representation in pursuance of Part IV. of the Ordinance may apply to the Registrar, either in person or by letter.

“(2.) No such application shall be received through any agent of the applicant.

Fees.

“25.—(1.)The following fees shall be paid in advance by the applicant—

$
Where the estate does not exceed $500 in value...............................	3.00
Where the estate exceeds $500 in value but does not exceed $1,000 in value	5.00
Where the estate exceeds $1,000 in value.......................................	10.00

“(2.) The fees specified in the last preceding sub-rule include payment for a copy of the will, the charge made for a search for a will, and the costs incidental to the attestation of the execution of any bond.

Where directions of Court obtained Lb. r. 26.

“26. Whenever, in the opinion of the Registrar, it becomes necessary, in the course of a personal application, to obtain the directions of the Court or a Judge, the application shall not be further proceeded with as a personal, one except by leave of the Court or a Judge.

Affidavits, &c., to be filled in by Registrar of. Lb. r. 27.

“27. All advertisements, affidavits and documents necessary to support the grant applied for shall be filled in by the Registrar if so desired.

Official record of death to be produced Lb. r. 28.

“28. Every applicant for a first grant of representation in pursuance of Part IV. of the Ordinance shall produce an official record of the death of the deceased, or give a reason, to the satisfaction of the Registrar, for the non-production thereof.

“V.—Administration Bonds.

Bond. Lb. r. 30.

“29.The bond of an ordinary administrator and his surety shall be in accordance with Form 6 in the Fourth Schedule, and the bond of an administrator to whom administration has been granted as a creditor of the deceased shall be in accordance with Form 7 in the Fourth Schedule.

Who may attest administration bond.

“30. An administration bond may be attested, whether within or outside the Territory, by any person referred to in sub-rule (1.) of rule 4 of Order 40 of these Rules, not being a person who is a solicitor acting for the administrator or a clerk, partner, agent or correspondent of such a solicitor.

“VI.—Delay in Application.

Delay in applying for representation of lb. r. 34.

“31.—(1.) in every case where probate or administration is, for the first time, applied for after the lapse of six months from the date of the death of the deceased, the reason for the delay shall be explained by affidavit when the application is made.

“(2.) Any costs incurred against the estate by reason of such delay may be disallowed by the Court or a Judge or, where a bill of costs is submitted for taxation pursuant to section 103 of the Ordinance, by a taxing officer of the Court.

“VII.—Citations.

Citations. of. Lb. r. 35.

“32.—(1.) A citation shall not issue under the seal of the Court until an affidavit, in verification of the averments it contains, and a praecipe for that purpose, in accordance with Form 8 in the Fourth Schedule, have been filed in the office of the Registrar, nor shall a citation require an appearance to be entered in less than fourteen days from the service thereof, unless the Court otherwise orders.

“(2.) Citations shall be served personally.

“(3.) Personal service of a citation shall be effected by leaving a true copy thereof with the person cited and showing him the original, if required by him so to do.

“VIII.—Sale and Management of Real Estate.

Application as to time and mode of sale, etc, of real estate, cf. A.C.T. O. 72. r. 36.

“33.—(I.) Notice of the application of an administrator under section 82 of the Ordinance, or in a case of partial intestacy, of an executor or administrator with the will annexed, or of any person, beneficially interested, shall be served personally on all parties beneficially interested unless that service is, upon application to the Court, dispensed with, but in case one party is an infant or is a mentally defective person, and no guardian or committee of his person or estate has been appointed, or is out of the jurisdiction of the Court, or it is desired to serve notice on any such party within the jurisdiction of the Court in any other manner, or to dispense with service altogether, an application shad be made to a Judge in Chambers ex parte by the applicant for directions as to the manner and mode of the service or otherwise as to the Judge seems fit.

“(2.) Every such application shall be supported by affidavits setting out fully the circumstances of the case and the grounds upon which the order is applied for.

“IX.—Inventory and Accounts.

Filing of inventory, cf. Lb. r, 37.

“34. The inventory required to be filed by sub-section (1.) of section 89 of the Ordinance or the copy statement that may be filed, pursuant to sub-section (4.) of that section, instead of that inventory shall be filed in the office of the Registrar within one month after the grant of probate or administration.

Accounts, of. Lb. r. 38.

“35. Every executor and administrator shall, within twelve months after the grant of probate or administration and from time to time thereafter as the Registrar directs—

(a)file in the office of the Registrar his accounts, verified by affidavit, relating to the estate of the deceased, together with a plan of distribution where there is any balance available therefor, unless he obtains a special order from the Court or the Registrar extending the time for filing the accounts, in which case he shall file the accounts within that extended time; and

(b)where he makes application to the Court, a Judge or the Registrar to fix a date for the passing of his accounts, or where the Court, a Judge or the Registrar calls upon him to take out an appointment to pass them, have the accounts passed on the day appointed for passing them, or such other day as the Court or the Registrar fixes, unless the Registrar, pursuant to rule 44 of this Order, serves a notice on him stating that he will not pass the accounts.

Commission on accounts.

“36.—(1.) An executor, administrator or trustee who intends to apply to be allowed, under section 102 of the Ordinance, a commission or percentage out of the assets of a deceased person shall give notice of his intention.

“(2.) A trustee having such an intention shall also file his accounts relating to the estate of the deceased person and at the same time take out an appointment to pass them.

“(3.) The accounts shall be filed in the office of the Registrar and shall be verified by affidavit.

Passing accounts, of. lb, r. 39.

“37.—(1.) The accounts of an executor or administrator shall be passed—

(a) if he makes application to the Court, a Judge or the Registrar to fix a date for the passing of his accounts; or

 

(b)if the Court, a Judge or the Registrar calls upon him to take out an appointment to pass them.

“(2.) Where a day has been fixed for the passing of the accounts of an executor, administrator or trustee, the executor, administrator or trustee shall cause a notice of the day so fixed to be published in accordance with this rule.

“(3.) The notice—

(a) shall be published—

(i) once in a newspaper printed and published in Darwin and once in a newspaper printed and published in Alice Springs; and

(ii) at least fourteen days before the day fixed for the passing of the accounts;

(b)shall specify the day fixed for the passing of the accounts; and

(c) shall be in accordance with Form 9 in the Fourth Schedule.

“(4.) An administrator who has filed with the Registrar a bond under section 23 of the Ordinance shall serve on the surety, at least fourteen days before the day fixed for the passing of the accounts, a copy of each notice that he causes to be published under this rule.

Objection to passing of accounts. A.C.T. O. 72 r. 40.

“38. Any person desiring to object to the passing of the accounts of an executor, administrator or trustee or the granting of commission, shall file with the Registrar, on or before the day fixed for the passing of the accounts, a notice of his intention to object, and also an affidavit stating his interest and the nature and grounds of his objection.

Order as to service on taking of accounts. Lb. r. 41.

“39. Upon taking the accounts, the Registrar may make such order as to service upon any of the parties interested as he thinks fit.

Persons interested may attend, upon taking accounts. N.S.W. r. 45.

“40. Any person interested may attend before the Registrar upon the taking of the accounts but no person may object to the passing of the accounts unless he has filed a notice of his intention to object in accordance with rule 38 of this Order.

Certificate as to correctness of accounts. A.C.T. O. 72 r. 43.

“41. The Registrar shall give his certificate as to the correctness of the accounts, and also as to the amount on which commission is allowable.

Entry of accounts for allowance by Court or Judge. A.C.T. O. 72, r. 44.

“42. Within fourteen days after the signing of the certificate by the Registrar, the accounting party shall, if he desires to be allowed commission, enter the accounts for allowance by the Court or a Judge, and for allowance of commission.

Appeal from finding of Registrar, N.S.W. 49.

“43. If the accounting party, or any person who has filed a notice of intention to objectunder rule 38 of this Order, desires to appeal from the finding of the Registrar on the passing of the accounts, he shall, within seven days from the signing of the certificate by the Registrar, file a notice in the office of the Registrar setting forth the nature and grounds of his appeal.

When accounting party may apply to Court or Judge.A.C.T. O. 72 r. 46.

“44. Where accounts have been filed with the Registrar in pursuance of rule 35 or sub-rule (2.) of rule 36 of this Order, and—

(a) any doubt or difficulty arises; or

(b)any person interested desires the matter referred to the Court or a Judge,

the Registrar shall serve the accounting party with a notice in writing stating that he will not pass the accounts, and giving his reasons, and the accounting party may, within fourteen days after the service of the notice, apply to the Court or a Judge to pass the accounts.

Time for institution of appeal from finding of Registrar. A.C.T. O.72 r.47.

“45. Where the accounting party, or any person, has filed within the prescribed time a notice in the office of the Registrar setting forth the nature and grounds of his appeal pursuant to rule 43 of this Order, he shall within twenty-one days after filing the notice institute the appeal.

Application to pass accounts and appeal from finding of Registrar to be by summons in Chambers. Lb. r. 48.

“46. Every application to the Court or a Judge under rule 44 of this Order to pass accounts, and every institution of an appeal under rule 45 of this Order, shall be made by summons in Chambers, and a copy of the summons shall be served on the Registrar seven clear days before the return day thereof.

Court or Judge may order person to be served with summons. Lb. r. 49.

“47. The Court or a Judge may order such persons as it thinks fit to be served with the summons.

Where Registrar refuses to pass accounts and no application made to Court or Judge—consequences, Lb. r. 50.

“48. Should an accounting party who has filed his accounts with the Registrar and has beenserved with a notice in writing by the Registrar stating that the Registrar will not pass these accounts, fail, within the time prescribed by rule 44-ot this Order, to apply to the Court or a Judge to pass the accounts, he shall for all purposes of the Ordinance and these Rules be deemed to have failed to comply with the provisions of section 89 of the Ordinance and of rule 35 of this Order rehiring to the passing of accounts, or of sub-rule (2.) of rule 36 of this Order relating to the taking out of an appointment to pass accounts, as the case may be.

“X.—Caveats.

Caveats. of, Lb. r. 52.

“49.—(1.) A caveat against art application for representation shall be in accordance with Form 10 in the Fourth Schedule and bear date of the day it is entered.

“(2.) A caveat shall be signed, either by the caveator or his solicitor, with his proper handwriting.

Return of order nisi, Lb. r. 53.

“50. Upon the return of any order nisi under section 45 of the Ordinance, it shall not be necessary for either party to prove his case by witnesses in the first instance, but the caveator shall state generally his ground of objection to the grant of representation, and, unless the case is such as can be disposed of summarily, the Court shall fix a day for hearing, or direct the case to be entered in a list of causes for hearing.

Particulars of objection. Lb. r. 54.

“51. Within four days from a direction given in pursuance of the last preceding rule, unless the Court otherwise orders, the caveator shall deliver to the party seeking representation particulars of objection in accordance with either of the forms set forth hereunder, according to the circumstances of the case.

Particulars of Objection to Will—

(a) Later will or act of revocation and date thereof;

(b) Not executed by testator;

(c) Not executed in the manner required by section 8 of the Wills Ordinance 1938-1969;

(d) Want of testamentary capacity—

(i) confined to the period shortly before and at the time of execution; or

(ii) existing before that period, and due to insanity or imbecility of which the symptoms first manifested themselves at a date to be set out; or

(e) Undue influence and by whom exercised.

Particulars of Objections to Grant of Administration on Intestacy—

(a) A will and date thereof;

(b)The person applying does not fill the capacity or stand in the relationship in which he seeks administration;

(c) The caveator or some other person seeking administration has better right, stating the nature thereof; or

(d)The proposed administrator is disqualified, and if so, how.

Special grounds of objections. A.C.T. o. 72. r. 55.

“52. The caveator shall also state in the particulars any special grounds of objection not included in those specified in the last preceding rule, and shall not, without the leave of the Court, raise any objection not stated in the particulars.

Procedure at hearing. Lb. r. 55.

“53. The Court shall, at its discretion, direct the mode of proceeding at the hearing as to right to begin, rebutting case and otherwise.

Witnesses. Lb. r. 56.

“54. Where an order is “made fixing a time for showing cause against an order nisi under section 45 of the Ordinance, both parties may subpoena their witnesses for the hearing in the same manner as in an action before the Court.

Affidavits to be filed and notice served. Lb. r. 57.

“55.—(1.) Either party shall, four clear days before the day appointed for hearing, file in the office of the Registrar any affidavits he proposes to use at the hearing, and serve notice of the filing thereof upon the opposite party, and if the opposite party desires to cross-examine a deponent he shall, two clear days before the day appointed for hearing, serve a notice requiring the production of the deponent for cress-examination.

“(2.) The Court may specially order variations from the last preceding sub-rule.

Discovery and inspection of documents, Lb. r. 58.

“56. Upon the return of any order nisi under section 45 of the Ordinance, the Court may order that the parties, or either of them, shall make discovery upon oath of all documents which are or have been in their or his possession, power, custody or control, or which were in the possession, power, custody or control of the testator or intestate at the time of his death, relating to any matter in dispute in the cause, and inspection thereof, or make any other order for the conduct of the hearing that the Court thinks fit.

Withdrawal of caveat, cf. N.S.W. r. 61.

“57.—(1.) A caveator may make application to the Court for leave to withdraw his caveat.

“(2.) The application shall be by motion, verified by affidavit.

“(3.) Notice of the motion shall be given in the following cases:—

(a) where a person has filed a motion for a rule nisi calling upon the caveator to show cause why his caveat should not be removed; and

(b)where the Court orders that notice of the motion be given, but need not be given in any other case.

“(4.) Where notice of the motion, is given, a copy of any affidavit intended to be used shall be served with the notice of motion.

“(5.) Where leave to withdraw a caveat is given, the caveat may be withdrawn by the caveator or his solicitor writing in the margin of the caveat the words “I withdraw this caveat”, together with his signature and the date.

“(6.) Notice of the withdrawal of a caveat shall be served on the applicant for representation against whose application the caveat has been lodged.

Caveat against distribution of estate of person presumed dead.

“58. A caveat against the distribution of the estate of a person presumed dead shall be in accordance with Form 11 in the Fourth Schedule.

Application for authority to distribute estate of person presumed dead notwithstanding caveat.

“59.—(1.) An application under paragraph (b) of sub-section (3.) of section 16 of the Ordinance for an order under sub-section (4.) of that section authorizing the distribution of the estate of a person presumed dead notwithstanding the lodging of a caveat under sub-section (1.) of that section shall be by motion on notice.

“(2.) The notice of motion shall state the interest of the applicant and that interest shall be verified by affidavit.

“(3.) The notice of motion shall be served on the caveator at the address specified in the caveat.

Form of caveat against reseat.

“60. A caveat for the purposes of section 112 of the Ordinance shall be in accordance with Form 12 in the Fourth Schedule.

“XI.—Revocation of Representation.

Suits for revocation of probate or administration. A.C.T, O. 72 r. 59.

“61. In a suit for the revocation of probate or administration, proceedings shall be commenced by the issue of a citation in accordance with Form 13 in the Fourth Schedule against the party to whom the grant was made, requiring him to bring in and deposit the grant in the Registar’s office and, within fourteen days after notice of the deposit, the party issuing the citation shall file his statement of claim against the party cited, who shall be the defendant in the suit, and all subsequent proceedings shall be had and taken as in a contested suit for probate.

“XII.—Administration by Curator.

Application to collect and administer. Lb. r. 60.

“62.—(1.) An application by the Curator to collect and administer the estate of any deceased person shall be supported by affidavits setting forth—

(a) the death of the party;

(b) the time and place thereof;

(c) whether testate or intestate;

(d)whether leaving real or personal estate within the Territory;

(e) that a search has been made in the index of wills deposited or deemed to have been deposited in the office of the Registrar under the Wills Ordinance 1938-1969, and what that search has revealed as to the deposit therein of any other will;

(f) whether any wife, husband or next of kin; and

(g)any other particulars which are deemed necessary.

“(2.) For the purposes of this rule, Forms 14, 15 and 16 in the Fourth Schedule shall be used.

Renunciation of probate in favour of Curator.

“63. Where the executors named in the will of a deceased person renounce probate in favour of the Curator, the renunciation shall be in accordance with Form 17 in the Fourth Schedule.

Persons declining to apply for administration, Lb. r. 62.

“64. Where the persons primarily entitled to administration decline to apply for administration, with a view to the Curator applying therefor, they shall lodge in the office of the Curator a document in accordance with Form 18 in the Fourth Schedule,

Notice to Curator of intended application for probate, &c. Lb. r, 63.

“65. Where the Curator—

(a) is administering the estate of a deceased person under section 120 of the Ordinance;

 

(b)has filed an election to administer the estate of a deceased person under section 121 of the Ordinance; or

(c) has been granted an order to collect and administer the estate of a deceased person under section 122 of the Ordinance,

an applicant for probate of the will or administration of the estate of the deceased person shall give in accordance with Form 19 in the Fourth Schedule the seven days’ notice required by sub-section (2.) of section 124 of the Ordinance and shall at the same time lodge with the Curator, for inspection, the documents in support of the application.

Petitions, etc., to be lodged in office of Curator. A.C.T. O. 72 r. 64.

“66. Whenever it is necessary to take any steps in connexion with any estate being administered by the Curator, and whether the Curator is a party thereto or not, every application, affidavit, summons or other process shall be lodged in the office of the Curator.

Statement required in ex parte order under section 131. Lb. r. 64.

“67. An ex parte order calling upon the Curator to show cause obtained under section 131 of the Ordinance shall state whether proof shall be given orally or upon affidavit.

Notification by Curator, Lb. r. 65.

“68. Upon the lodging in the office of the Curator of such an order and affidavits, if any, made in proof, it shall not be necessary for the Curator to serve copies of any affidavits made by him in reply, but he shall notify the person obtaining the order that the affidavits have been filed, and that copies thereof may be obtained upon payment of the fees prescribed in the Third Schedule to the Ordinance.

Bills or costs, Lb. r. 66.

“69. The Curator may refer for taxation any bill of costs that has been incurred by him in the administration of any estate, and the certificate of the taxing officer of the taxation shall be conclusive”.

Fourth Schedule.

8. After the Third Schedule to the Principal Rules the following Schedule is inserted:—

FOURTH SCHEDULE

FORMS—ADMINISTRATION AND PROBATE JURISDICTION

Form 1 O.69 r.3.

NOTICE FOR PROBATE

IN THE SUPREME COURT OF

THE NORTHERN TERRITORY OF AUSTRALIA,

PROBATE JURISDICTION

in the will (and......codicils) of

late of

in the Northern Territory,

deceased.

* Insert number of codicils.

Application will be made after fourteen days from the publication hereof that probate of the last will dated   (and*  codicils thereto dated respectively ) of the abovenamed deceased may be granted to the executor (s) named in the said will (and codicils) and all notices may be served at the undermentioned address.

All creditors in the estate of the deceased are hereby given notice to send in particulars of their claims to the undersigned.

(Name)

(Address)

Fourth Schedule—continued

Form 2 O.69 r.3.

NOTICE FOR ADMINISTRATION

(Heading as in Form 1)

In the estate of

late of

in the Northern Territory,

deceased (intestate).

* Relationship to deceased or capacity in which applicant is applying.

Application will be made after fourteen days from the publication hereof that administration (or administration with the will dated annexed) of the estate of the abovenamed deceased may be granted to  the* of the deceased, and all notices may be served at the undermentionedaddress.

  Omit this paragraph except when reduction of or dispensation with administration bond is to be requested.

  All creditors of the estate of the said deceased are hereby given notice to send in particulars of their claims to the undersigned.

 (Name)

 (Address)

 

Form 3 O.69 r.4.

NOTICE FOR SEALING FOREIGN GRANTS

(Heading as in Form 1)

In the estate (or will) of

late of

in the  ,

deceased (intestate).

Application will be made after fourteen days from the publication hereof that the probate-of the will (or letters of administration of the estate) granted by  to may be sealed with the seal of this Court, and all notices may be served at the undermentioned address.

All creditors in the estate of the said deceased are hereby given notice to send in particulars of their claims to the undersigned.

 (Name)

 (Address)

 

Form 4  O.69 r.7.

CITATION BY BENEFICIARY OR CREDITOR TO TAKE PROBATE

(Heading as in Form 1)

In the will of

late of

in the Northern Territory,

deceased.

ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Australia and Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith:

To

the executor of the will of the abovenamed deceased.

Fourth Schedule—continued

Form 4—continued

WHEREAS it appears by an affidavit of  of   in the Northern Territory sworn on  and filed in the registry of our Supreme Court of the Northern Territory of Australia that the abovenamed died on  having first made his will dated  whereby he appointed you the executor thereof and that you have not taken probate of the said will NOW THIS IS TO COMMAND YOU within days after service hereof on you you do enter an appearance in our said Supreme Court stating whether you intend to take probate of the said will AND TAKE NOTICE that if you neglect to enter an appearance as aforesaid within the said period your right in respect of the executorship shall wholly cease and the representation of the testator and the administration of his estate shall without any further renunciation go, devolve and he committed in like manner as if you had not been appointed executor.

Witness the Honourable  Judge of our said Supreme Court at Darwin  this day of  , 19 .

Registrar of Probates.

————

Form 5 O.69 r.17.

CITATION BY CREDITOR INTENDING TO APPLY FOR ADMINISTRATION

(Heading as in form 1)

In the estate of

late of

in the Northern Territory,

deceased.

ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Australia and Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith:

* Here insert the names of the husband or wife and the next of kin.

To*

the husband (or wife) and next of kin of

late of in the Northern Territory,

 Here insert description (e.g., “farmer”) of deceased.

  deceased, intestate.

‡ Here insert description (e.g., “clerk”) of deponent.

WHEREAS it appears by an affidavit of

of (address)in the Northern Territory, ‡

sworn on the day of last past and filed in the registry of our Supreme Court of the Northern Territory of Australia that the abovenamed deceased died on the day of , 19 , at ,  intestate;

AND WHEREAS it further appears by the said affidavit that the said is a creditor of the said deceased NOW THIS IS TO COMMAND YOU AND EACH OF YOU that within  days after service hereof on you you do enter an appearance in our said Supreme Court stating whether you accept or refuse the burden of Letters of Administration of the said estate AND TAKE NOTICE that in default of your entering the said appearance indicating your willingness to accept the burden of Letters of Administration the Court will proceed to grant the same to the said   your absence notwithstanding.

Witness the Honourable   Judge of our said Supreme Court at Darwin this day of  , 19 .

Registrar of Probates.

Fourth Schedule—continued

Form 6 O.69 r.29.

ADMINISTRATION BOND

Know all men by these presents that we—

, of and

, of

are jointly and severally held and firmly bound to the Registrar of Probates under the Administration and Probate Ordinance 1969 his successors and assigns, in the sum of  to be paid to the said Registrar of Probates, his successors and assigns, for the due payment whereof we hereby bind ourselves and each of us, our heirs, executors, administrators and successors firmly by these presents.

Dated this  day of in the year of our Lord One thousand nine hundred and

This obligation is to be void and of no effect if the conditions set out hereunder are fulfilled by the said    the administrator of the estate of  late of deceased, but if they are not it is to remain in full force and virtue.

Conditions

1. The said administrator shall well and truly administer according to law the property, lands, hereditaments, goods, chattels and credits of the said deceased at the time of his death which shall come to the power, control, hands or possession of him as his administrator or of any other person or persons for him.

2. The said administrator shall—

(a) make or cause to be made an inventory of the estate of the said deceased which shall have come to the hands, possession, or knowledge of him, or the hands or possession of any other person or persons for hint, and the same so made sign with his proper handwriting (or mark), and exhibit and deposit, or cause to be exhibited and deposited, the same inventory in the office of the Registrar of Probates within one calendar month next ensuing the order granting letters of administration; or

(b)file in the office of the Registrar of Probates within one calendar month next ensuing the order granting letters of administration a copy of a statement such as is mentioned in sub-section (4.) of section 89 of the Administration and Probate Ordinance 1969 filed in relation to the estate of the said deceased for succession duty purposes and then, if that statement is approved for succession duty purposes with any addition, alteration or variation, promptly file in that office a copy of the statement so approved.

3. The said administrator shall make or cause to be made a true and just account of the administration of the estate which he shall have undertaken so to administer, and of his receipts and disbursements, and as to what portion shall be retained by him, and what portion shall remain uncollected, and the same so made shall sign with his proper handwriting (or mark), and shall exhibit and deposit, or cause to be exhibited and deposited, the same account in the office of the Registrar of Probates, within twelve calendar months next ensuing the order granting letters of administration.

Signed, sealed and delivered, etc.

Fourth Schedule—continued

Form 7 O.59 r.29.

CREDITOR’S ADMINISTRATION BOND

Know all men by these presents that we—

, of and

of

are jointly and severally held and firmly bound to the Registrar of Probates under the Administration and Probate Ordinance. 1969 his successors and assigns, in the sum of  to be paid to the said  Registrar of Probates, his successors and assigns, for the due payment whereof we hereby bind ourselves and each of us, our heirs, executors, administrators and successors firmly by these presents.

Dated this   day of  in the year of our Lord One thousand nine hundred and

This obligation is to be void and of no effect if the conditions set out hereunder are fulfilled by the said  ,  a creditor and administrator of the estate of    late of    , deceased, but if they are not it is to remain in full force and virtue.

Conditions

1.The said administrator shall well and truly administer according to law the property, lands, hereditaments, goods, chattels and credits of the said deceased at the time of his death which shall come to the power, control, hands or possession of him as his administrator or of any other person or persons for him.

2. The said administrator shall—

(a)pay and satisfy all and singular the just debts of the said deceased out of the said property, lands, hereditaments, goods, chattels and credits of the said deceased and so far as the same shall extend, in a due course of administration rateably and proportionately and according to the priority required by law, and not unduly preferring his own debt or debts of any other of the creditors of the said deceased by reason of his being administrator as aforesaid; and

(b) either—

(i) make or cause to be made an inventory of the estate of the said deceased which shall have come to the hands, possession, or knowledge of him, or the hands or possession of any other person or persons for him, .and the same so made sign with his proper baud writing (or mark), and exhibit and deposit, or cause to be exhibited and deposited, the same inventory in the office of the Registrar of Probates within one calendar month next ensuing the order granting letters of administration; or

(ii) file in the office of the Registrar of Probates within one calendar month next ensuing the order granting letters of administration a copy of a statement such as is mentioned in sub-section (4.) of section 89 of the Administration and Probate Ordinance 1969 filed in relation to the estate of the said deceased for succession duty purposes and then, if that statement is approved for succession duty purposes wish any addition, alteration or variation, promptly file in that office a copy of the statement so approved.

3. The said administrator shall make or cause to be made a true and just account of the administration of the estate which he shall have undertaken so to administer, and of his receipts and disbursements, and as to what portion shall be retained by him, and what portion shall remain uncollected, and the same so made shall sign with his proper handwriting (or mark), and shall exhibit and deposit, or cause to be exhibited and deposited, the same account in the office of the Registrar of Probates, within twelve calendar months next ensuing the order granting letters of administration.

Signed, sealed and delivered, etc.

Fourth Schedule—continued

Form 8 O.69 r.32.

PRAECIPE FOR CITATION

(Heading as in Form 1)

Seal a citation or behalf of

directed to

Returnable on

Dated the   day of , 19 .

 

Form 9 O.69 r.37.

NOTICE OF DAY FIXED FOR PASSING ACCOUNTS

(Heading as in Form 1)

In the estate of

NOTICE is hereby given that the Court (or Judge or Registrar) has fixed the  day of   , 19 , as a day for passing accounts in the abovementioned estate by the Registrar.

Attention is directed to the terms of Rules 38 and 40 of the Administration and Probate Rules.

Dated this day of , 19 .

Registrar of Probates.

Notes:—

(1) Rule 38 of the Administration and Probate Rules reads, as follows:—

“Any person desiring to object to the passing of the accounts of an executor, administrator or trustee or the granting of commission, shall file with the Registrar, on or before the day fixed for the passing of the accounts, a notice of his intention to object, and also an affidavit stating his interest and the nature and grounds of his objection.”

(2) Rule 40 of the Administration and Probate Rules reads, as follows:—

“Any person interested may attend before the Registrar upon the taking of the accounts but no person may object to the passing of the accounts unless he has filed a notice of his intention to object in accordance with Rule 38 of this Order.”

 

Form 10 O.69 r.49.

CAVEAT

* This address must be not more than three miles from the office of the Master of the Supreme Court.

Take notice that I (name of caveator in full) of (address and description in full)claiming interest (state relationship or particulars of interest) in the estate of (or under the will of) (here set out full description)do hereby demand that nothing be done therein without notice to me, served at (*address for service of notice).

Dated this  day of  , 19 .

(Signature of Caveator or his Solicitor)

Witness—

 

Form 11 O.69 r.58.

CAVEAT AGAINST DISTRIBUTION OF ESTATE OF PERSON PRESUMED DEAD

* This address must be not more than three miles from the office of the Master of the Supreme Court.

Take notice that I (name of caveator in full) of (address and description in full) claiming interest (state relationship or particulars of interest) in the estate of (or under the will of) (here set out full description) a person in respect of whose estate (or will) the Supreme Court of the Northern Territory of Australia has made a grant of letters of administration (or probate) upon evidence supporting a presumption of his (or her) death do hereby demand that nothing be done to distribute the estate without notice to me served at (*address for service of notice).

Dated this day of  , 19 .

(Signature of Caveator or his Solicitor)

Witness—

Fourth Schedule—continued

Form 12 O.69 r.60.

CAVEAT AGAINST RESEAL OF FOREIGN GRANT

* This address must be not more than three miles from the office of the Master of the Supreme Court.

Take notice that I (name of caveator in full) of (address and description in full)claiming interest (state relationship or particulars of interest)in the estate of (or under the will of) (here set out full description)a person in respect of whose estate (or will) the (name of court that has made the original gram) in (name of Commonwealth country where that court has competent jurisdiction)has granted letters of administration (or probate or an order to collect and administer) do hereby demand that nothing be done to seal such letters of administration (or probate or order to collect and administer) with the seal of the Supreme Court of the Northern Territory of Australia without notice to me, served at (*address for service of notice).

Dated this day of , 19 .

(Signature of Caveator or his Solicitor)

Witness—

 

Form 13 O.69 r.61.

CITATION IN SUIT FOR REVOCATION OF PROBATE OR LETTERS OF ADMINISTRATION

(Heading as in Form 1)

ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Australia and Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith: To the executor of the will (or administrator of the estate) of late of   in the Northern Territory, deceased.

WHEREAS it appears by affidavit of sworn on the   day of  and filed in the Registry of our Supreme Court of the Northern Territory of Australia that probate of the alleged last will and testament of the said  was (or letters of administration of the estate of the said  were) on the    day of   granted to you by our said Supreme Court in its Probate jurisdiction (and that the deceased died having duly executed a later will to that of which probate was granted as aforesaid) and that the said probate (or letters of administration) ought to be called in revoked and declared null and void in law NOW THIS IS TO COMMAND YOU the said that within fourteen days after service hereof on you inclusive of the day of such service you do bring into and leave in the office of the Registrar of Probates of our said Supreme Court the aforesaid probate (or letters of administration) and further do give or cause to be given to the said  at the office of his solicitor Mr of notice of that deposit and further to show cause if you should think fit for your interest so to do why the said probate (or letters of administration) should not be revoked and declared null and void in law (and the will dated    pronounced to be null and invalid).

WITNESS the Honourable  Judge of our said Court at Darwin this  day of , 19 .

Registrar of Probates.

Fourth Schedule—continued

Form 14 O.69 r.62.

AFFIDAVIT IN SUPPORT OF APPLICATION BY CURATOR

(Heading as in Form 1)

In the matter of the intestate estate of late of  , deceased.

I, , of , in the Northern Territory of Australia, the Curator, make oath, and say as follows:—

1. The said died at , on or about the   day of , One thousand nine hundred and , intestate, and having at the time of his death estate in the said Territory liable to waste (or as the case may be).

2. The said deceased died without leaving any wife, husband or next of kin resident within the said Territory.

3. (If the deceased left a wife, husband or next of kin resident out of the Territory, here insert particulars of that person.)

Signed and sworn by the above-named deponent, at , in the Northern Territory of Australia, this day of , 19 , before me—

(Signature and Title of person taking affidavit)

 

Form 15 O.69 r.62.

AFFIDAVIT IN SUPPORT OF APPLICATION BY CURATOR

(Heading as in Form 1)

In the matter of the will , of , late of  , deceased.

I, , of   ,in the Northern Territory of Australia, the Curator, make oath, and say as follows:—

1. I am informed, and verily believe, that the said deceased died at  , on or about the day of ,  19  , as appears by the  of death hereto attached, marked A.

2.I verily believe the paper (or writing) hereto annexed, bearing date the day of   , 19 , and marked B, to be the last will and testament of the said deceased, and that    by the said will appointed  executor thereof.

3. The said executor renounced the trusts of the said will, as appears by the deed of renunciation marked annexed to the affidavit of  , sworn herein, this day of , 19  , and filed in support of this application.

Signed and sworn by the abovenamed deponent, at , in the Northern Territory of Australia, this day of , 19 , before me—

(Signature and Title of person taking affidavit)

 

Form: 16 O.69 r. 62.

AFFIDAVIT IN SUPPORT OF APPLICATION BY CURATOR

(Heading as in Form 1)

In the matter of the intestate estate of , late of  , deceased.

I, , of  ,in the Northern Territory of Australia, the Curator, make oath, and say as follows:—

I have searched in the index kept by the Registrar of Probates of wills deposited or deemed to have beau deposited in his office under the WillsOrdinance 1938-1969 and cannot find that any will of the abovenamed deceased remains deposited therein.

Signed and sworn by the abovenamed deponent, at , this  day of   , 19  , before me—

(Signature and Title of person taking affidavit)

Fourth Schedule—continued

Form 17 O.69 r.63.

RENUNCIATION OF PROBATE IN FAVOUR OF CURATOR

(Heading as in Form 1)

In the matter of the will   ,of late of  , deceased.

Whereas  , late of  , deceased, died on the  day of   at  , and whereas he duly made and executed his last will and testament, bearing date the   day of , 19  , and thereof appointed  executor:

Now I the said do hereby declare that I have not intermeddled in the real or personal estate of the said deceased, and will not hereafter intermeddle therein and I do hereby expressly renounce all my right and title to probate and execution of the said will and to the trusts, powers, and authorities whatsoever by the said   , and request the Curator of Estates of Deceased Persons to apply for an order to collect and administer the estate of the said , deceased, with the will of the said annexed.

In witness whereof have hereunto set hand and seal this  day of  , 19 .

Signed, sealed and delivered by the said in the presence of—

 

Form 18 O.69 r.64.

RENUNCIATION OF LETTERS OF ADMINISTRATION IN FAVOUR OF CURATOR

(Heading as in Form 1)

In the matter of the estate of  , late of  deceased (intestate).

Whereas   , late of  , deceased, died on the  day of  , 19 , at   intestate, a , leaving his only him surviving :

Now, I  the said  , do hereby renounce all right and title to letters of administration of the real, and personal estate of the said deceased, and request the Curator of Estates of Deceased Persons to administer the said estate.

Signed by the said , on the day of  , 19 , in the presence of—

 

Form 19 O.69 r.65.

NOTICE OF APPLICATION FOR REPRESENTATION TO BE GIVEN TO CURATOR

(Heading as in Form 1)

To the Curator of Estates of Deceased Persons.

You are hereby requested to take notice that application will be made to the Supreme Court of the Northern Territory of Australia on the  day of , or so soon thereafter as the same can be heard, for probate of the will (or letters of administration of the estate) of  , late of   deceased, who died on or about the day of  , 19 , at  ,. (intestate).

Dated this day of  , 19 .

Solicitor for

(or as the case may be).

Index.

9. The index to the Principal Rules is amended by adding at the end thereof the following words:—

“Order 69.— I.—Preliminary.

II.—Application for Representation.

III.—Administration Durante Minore Aetate.

IV.—Small Estates.

V.—Administration Bonds.

VI.—Delay in Application.

VII.—Citations.

VIII.—Sale and Management of Real Estate.

IX.—Inventory and Accounts.

X.—Caveats.

XI.—Revocation of Representation.

XII.—Administration by Curator.”.

 

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