Supreme Court (Chapter III Amendment No. 3) Rules 1998 (Vic)

Supreme Court (Chapter III Amendment No. 3)

Rules 1998

S.R. No. 72/1998

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	1
5.	Affidavit in support of application for the grant of probate	1
6.	New Rules 2.08 and 2.09 inserted	2
2.08 Will not executed according to Wills Act	2
2.09 Registrar's powers	3
7.	Amendment of Rule 8.06	3
8.	Amendment of Form 3–7B	4

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NOTES 6

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STATUTORY RULES 1998

S.R. No. 72/1998

Supreme Court Act 1986

Administration and Probate Act 1958

Supreme Court (Chapter III Amendment No. 3)

Rules 1998

The Judges of the Supreme Court make the following Rules:

1. Object

The object of these Rules is to amend the Principal Rules consequent on the enactment of the Wills Act 1997 and to make a minor amendment to a form to the Principal Rules.

2. Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986, the Administration and Probate Act 1958 and all other enabling powers.

3. Commencement

These Rules come into operation on 20 July 1998.

4. Principal Rules

In these Rules, the Administration and Probate
Rules 19941 are called the Principal Rules.

5.  Affidavit in support of application for the grant of probate

In Rule 2.04 of the Principal Rules—

(a) for paragraph (2)(b)(vi) substitute—

Supreme Court (Chapter III Amendment No. 3) Rules 1998

r. 6 S.R. No. 72/1998

"(vi) whether at the date of execution of the will the testator was 18 years of age or over;

(via) if at the date of execution of the will the

testator was less than 18 years of age, whether the applicant relies on section 6 or 20 of the Wills Act 1997 and the acts, facts and circumstances to justify such reliance;";

(b)	in paragraph (2)(b)(viii) after "Wills Act 1958" insert "or the testator was divorced within the meaning of section 14(4) of the Wills Act 1997";
(c)	Births, Deaths, Marriages and Names"

in paragraph (2)(d)(ii) for "Registrar of Marriages".

6. New Rules 2.08 and 2.09 inserted

After Rule 2.07 of the Principal Rules insert— '2.08 Will not executed according to Wills Act

(1) This Rule applies to an application that the

Court admit to probate as the will of a deceased person—

(a)	a document which has not been executed in the manner in which a will is required to be executed by the Wills Act 1997; or
(b)	a document an alteration to which has not been executed in the manner in which an alteration to a will is required to be executed by the Wills Act 1997.

(2) Rules 2.03, 2.04, 2.05, 2.06 and 2.07 apply

to the application with any necessary
modification.

Supreme Court (Chapter III Amendment No. 3) Rules 1998

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r. 7

S.R. No. 72/1998

(3) In particular, a reference to a "will" in Rule 2.04(2) shall be taken to be a reference to a "document intended to be a will".

(4) Where probate is sought of a document not

executed in the manner in which a will is required to be executed by the Wills Act 1997, the affidavit supporting the application

shall also state the acts, facts, matters and document of which probate is being sought to be his or her will.

circumstances relied upon to satisfy the

(5) Where probate is sought of a document an alteration to which was not executed in the manner in which an alteration to a will is

required to be executed by the Wills Act document, so altered, to be his or her will.

1997, the affidavit supporting the application
shall also state the acts, facts, matters and
circumstances relied upon to satisfy the

2.09 Registrar's powers

The Registrar may exercise the powers of the if satisfied by affidavit that—

(a)	all persons who would be affected by a decision under section 9 consent to those powers being exercised by the Registrar; or
(b)

if consent is not given—the deceased exceeding $50 000 in value.'.

7. Amendment of Rule 8.06

Supreme Court (Chapter III Amendment No. 3) Rules 1998

S.R. No. 72/1998

In Rule 8.06(1) of the Principal Rules—

(a)	after "in relation to a will" insert "(including a document intended to be a will)";
(b)	in paragraph (c) for "and specifying the relevant section of that Act" substitute "or the Wills Act 1997 and specifying the relevant section";
(c)	after paragraph (c) insert— "(ca) that the document of which probate is

being sought was not executed in
conformity with the Wills Act 1958 or
the Wills Act 1997 and was not
intended by the deceased to be his or

her will;".

8. Amendment of Form 3–7B

In Form 3-7B to the Principal Rules for—

"4. That I am not surety in any other matter [or if a surety in any other matter state in what matter and to what amount]."

substitute—

"4. Particulars of my debts and liabilities are as

follows:
[Set out particulars].

5.  That I am not surety in any other matter [or if a surety in any other matter state in what matter and to what amount].".

Dated: 25 June 1998

J. H. PHILLIPS, C.J.
ROBERT BROOKING, J.A.
R. C. TADGELL, J.A.
STEPHEN CHARLES, J.A.

Supreme Court (Chapter III Amendment No. 3) Rules 1998

S.R. No. 72/1998 r. 8

J. M. BATT, J.A.
PETER BUCHANAN, J.A.
BERNARD G. TEAGUE, J.
DAVID ASHLEY, J.
J. A. COLDREY, J.
DAVID BYRNE, J.
D. L. HARPER, J.
G. M. EAMES, J.
H. R. HANSEN, J.
PHILIP MANDIE, J.
ROSEMARY BALMFORD, J.
ALEX CHERNOV, J.

MURRAY B. KELLAM, J.

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Supreme Court (Chapter III Amendment No. 3) Rules 1998

Notes S.R. No. 72/1998

NOTES

1 Rule 4: S.R. No. 97/1994 as amended by S.R. Nos 140/1996 and 99/1997.