Supreme Court (Probate E-filing and Other Amendments) Rules 2019 (Vic)
Supreme Court (Probate E-filing and Other Amendments) Rules 2019
S.R. No. 124/2019
TABLE OF PROVISIONS
Rule Page
Part 1—Preliminary
1Objects
2Authorising provisions
3Commencement
Part 2—Amendments relating to E-filing
Division 1—Amendments to Chapter III
4Definitions
5Documents
6Confidentiality and privacy
7New Order 1A
8Process
9New Rule 2.02.1
10Application supported by affidavit
11Rule 2.05 revoked
12Will not executed according to Wills Act
13Form of application
14New Rule 3.03
15Process
16Application supported by affidavit
17Rule 4.05 revoked
18New Rules 5.06 and 5.07
19Rule 6.07 and related Forms revoked
20Rule 6.08 substituted
21Substituted administrator to furnish guarantee
22Rule 8.01 substituted
23Rule 9.02 revoked
24Forms 3–2A, 3–3A, 3–4A and 3–8A revoked
Division 2—Chapter I consequential amendments
25Defendant dead at commencement of proceeding
Division 3—Chapter II consequential amendments
26Production of probate
27Procedure after order for plaintiff
28New Rule 16.11
Part 3—Amendments relating to executors commissions and other amendments
Division 1—Chapter III amendments
29New Rule 1.07.1
30Documents
31New Rules 1.09 and 1.10
32Grounds of caveator's objection
33Directions
34Application of Order 10
35Process
36Rules 10.03 and 10.04 substituted
37Rule 10.05 and related Form revoked
38Directions
39Rule 10.07 substituted
40Rule 10.11 substituted
41Rule 10.12 and Form 3–10E revoked
42Process
43Form 3–6AA amended
44Form 3–10A amended
45Forms 3–10B and 3–10C substituted
Division 2—Amendment of Chapter I
46Seal of Court
47Application of Order 28A
48Authority
49Authority of judicial registrars
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Endnotes
STATUTORY RULES 2019
S.R. No. 124/2019
Supreme Court Act 1986
Administration and Probate Act 1958
Supreme Court (Probate E-filing and Other Amendments) Rules 2019
The Judges of the Supreme Court make the following Rules:
Part 1—Preliminary
1Objects
The objects of these Rules are—
(a)to amend Chapters I, II and III of the Rules of the Supreme Court to provide for electronic filing of documents in the Probate Division; and
(b)to amend Chapters I and III of the Rules of the Supreme Court in relation to—
(i)applications under Subdivision 3 of Division 7 of Part I of the Administration and Probate Act 1958 (commission to executors, administrators and trustees of deceased persons); and
(ii)the powers of judicial registrars in the Probate Division; and
(c)to make other related miscellaneous amendments.
2Authorising 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.
3Commencement
(1)These Rules, except Part 2, come into operation on 1 January 2020.
(2)Part 2 comes into operation on 15 April 2020.
Part 2—Amendments relating to E-filing
Division 1—Amendments to Chapter III
4Definitions
(1)In Rule 1.04(1) of the Supreme Court (Administration and Probate) Rules 2014[1] insert the following definition—
"RedCrest-Probate means the electronic filing system in operation in the Court from time to time in relation to administration and probate to which this Chapter applies;".
(2)In Rule 1.04(1) of the Supreme Court (Administration and Probate) Rules 2014, in the definition of grant of representation, for "a grant of" substitute "an order granting".
(3)After Rule 1.04(2) of the Supreme Court (Administration and Probate) Rules 2014 insert—
"(3)Despite the amendment of the definition of grant of representation by the Supreme Court (Probate E-filing and Other Amendments) Rules 2019, that definition as in force immediately before that amendment continues to apply in respect of any grant issued before the commencement of Part 2 of those Rules.".
5Documents
For Rule 1.08(1) of the Supreme Court (Administration and Probate) Rules 2014 substitute—
"(1)All documents to be filed under these Rules shall be filed in the office of the Registrar in accordance with Order 1A, unless the Court otherwise orders or the Registrar otherwise requires.".
6Confidentiality and privacy
In Rule 1.10 of the Supreme Court (Administration and Probate) Rules 2014, after "with these Rules," insert "in RedCrest-Probate or otherwise,".
7New Order 1A
After Order 1 of the Supreme Court (Administration and Probate) Rules 2014 insert—
"Order 1A—Electronic filing in RedCrest-Probate
1A.01Application of this Order
(1)This Order applies to the filing of a document in any proceeding to which these Rules apply other than—
(a)an original will; or
(b)a grant of representation, an exemplification or an order from another jurisdiction which is to be resealed or proved in Victoria.
(2)Subject to this Order, Rule 1.08(1) or any other provision in these Rules to the contrary, this Order applies to any document in any proceeding to which these Rules apply whether commenced before, on or after the commencement of Part 2 of the Supreme Court (Probate E-filing and Other Amendments) Rules 2019.
1A.02Definitions
In this Order—
authorised person means a person who has been issued with a username and password to access RedCrest-Probate by the Registrar or otherwise provided with access to RedCrest-Probate;
seal means seal with the seal of the Court.
1A.03How and when a document is filed in RedCrest-Probate
(1)Subject to paragraph (2), a document to be filed in the Court in accordance with this Order is to be submitted by an authorised person in RedCrest-Probate—
(a)in the case of an originating motion—
(i)by completing the electronic form of originating motion in RedCrest-Probate; or
(ii)in any other form approved by the Registrar;
(b)in the case of a caveat—
(i)by completing the electronic form of caveat in RedCrest-Probate; or
(ii)in any other form approved by the Registrar;
(c)in the case of any other document—
(i)in a pdf version; or
(ii)in any other form approved by the Registrar.
Note
See also requirements in Orders 2 and 3.
(2)The Court may order or the Registrar may direct that a document be filed in any manner that the Court or the Registrar considers appropriate.
(3)A document is taken to be filed—
(a)if it is submitted in RedCrest-Probate and—
(i)accepted by being date and time stamped by the Registrar; or
(ii)in the case of a document required to be sealed, sealed by the Registrar—
when it was first submitted in RedCrest-Probate for filing in accordance with paragraph (1); or
(b)if, in accordance with paragraph (2), it is filed in accordance with a direction of the Court or the Registrar, when it is—
(i)accepted by being date and time stamped by the Registrar; or
(ii)in the case of a document required to be sealed, sealed by the Registrar.
(4)Subject to Rules 1.09 and 1.10, a document filed in a proceeding to which this Order applies is not open for inspection until after the grant of representation is made, unless the Court or the Registrar so directs.
1A.04Powers of Registrar
(1)The Registrar may refuse to accept or seal a document submitted in RedCrest-Probate to be filed until satisfied that the document—
(a)complies with the Rules; or
(b)complies with an order of the Court.
(2)The Registrar may reject a document if the Registrar considers that—
(a)a document, if it were accepted or sealed, would be substantially irregular or constitute an abuse of process; or
(b)there has been a failure to comply with the Rules, an order of the Court or a direction of the Registrar after a reasonable opportunity to do so.
(3)If the Registrar—
(a)refuses to accept or seal a document; or
(b)rejects the document—
the Registrar shall send an electronic communication to the authorised person advising—
(c)that the document has not been accepted for filing; and
(d)the reason it was not accepted for filing.
(4)If the Registrar—
(a)fails to accept or seal a document within a reasonable time; or
(b)refuses to accept or seal a document; or
(c)rejects a document—
the Court may—
(d)direct the Registrar to accept or seal the document with a filing date, being the date the document was first submitted in RedCrest-Probate for filing;
(e)direct the Registrar to accept or seal the document with a filing date, being the date the document is so accepted or sealed;
(f)make any other order or give any direction that it considers appropriate.
(5)The Registrar may—
(a)refuse to issue a person with a username and password;
(b)cancel a username and password;
(c)impose or vary conditions on the use of a username and password.
(6)The Court may give any direction to the Registrar that it considers appropriate in relation to any case in which the Registrar exercises a power under paragraph (5).".
8Process
(1)For Rule 2.02(a) of the Supreme Court (Administration and Probate) Rules 2014 substitute—
"(a)be made by originating motion submitted in RedCrest-Probate for filing in accordance with Order 1A; and".
(2)At the end of Rule 2.02 of the Supreme Court (Administration and Probate) Rules 2014 insert—
"(2)The applicant shall submit in RedCrest-Probate for filing—
(a)a copy of the original will or other document for which the grant is sought; and
(b)a copy of the notice of intention to apply for a grant of probate required by Rule 2.03 with the application referred to in paragraph (1).".
9New Rule 2.02.1
After Rule 2.02 of the Supreme Court (Administration and Probate) Rules 2014 insert—
"2.02.1 Original will or other document to be filed in the office of the Registrar
Where an application for a grant of probate is submitted in RedCrest-Probate for filing, the original will or other document for which the grant is sought shall be filed in the office of the Registrar within 28 days after the application is submitted in RedCrest-Probate for filing.
Notes
1 A pdf version, or any other form approved by the Registrar, is to be submitted in RedCrest-Probate for filing. Rule 2.04(2)(d)(i) requiring the original will to be exhibited to the affidavit in support of an application still applies.
2 A document other than a will may be proved, for example, under section 9 of the Wills Act 1997.".
10Application supported by affidavit
(1)For Rule 2.04(2)(b)(x) of the Supreme Court (Administration and Probate) Rules 2014 substitute—
"(x)the name and the place of residence of each proving executor and the name of each non‑proving executor;".
(2)Rule 2.04(4) of the Supreme Court (Administration and Probate) Rules 2014 is revoked.
11Rule 2.05 revoked
Rule 2.05 of the Supreme Court (Administration and Probate) Rules 2014 is revoked.
12Will not executed according to Wills Act
In Rule 2.08(2) of the Supreme Court (Administration and Probate) Rules 2014 omit "2.05,".
13Form of application
For Rule 3.02(1)(a) of the Supreme Court (Administration and Probate) Rules 2014 substitute—
"(a)be made by originating motion submitted in RedCrest-Probate for filing in accordance with Order 1A;".
14New Rule 3.03
After Rule 3.02 of the Supreme Court (Administration and Probate) Rules 2014 insert—
"3.03 Original will or other document to be filed in the office of the Registrar
Where an application for a grant of administration with the will annexed is submitted in RedCrest-Probate for filing, the original will or other document for which the grant is sought shall be filed in the office of the Registrar within 28 days after the application is submitted in RedCrest-Probate for filing.
Notes
1 A pdf version, or any other form approved by the Registrar, is to be submitted in RedCrest-Probate for filing. Rule 2.04(2)(d)(i) requiring the original will to be exhibited to the affidavit in support of an application still applies.
2 A document other than a will may be proved, for example, under section 9 of the Wills Act 1997.".
15Process
(1)For Rule 4.02(a) of the Supreme Court (Administration and Probate) Rules 2014 substitute—
"(a)be made by originating motion submitted in RedCrest-Probate for filing in accordance with Order 1A; and".
(2)At the end of Rule 4.02 of the Supreme Court (Administration and Probate) Rules 2014 insert—
"(2)The applicant shall submit in RedCrest-Probate for filing a copy of the notice of intention to apply for a grant of administration required by Rule 4.03 with the application referred to in paragraph (1).".
16Application supported by affidavit
Rule 4.04(4) of the Supreme Court (Administration and Probate) Rules 2014 is revoked.
17Rule 4.05 revoked
Rule 4.05 of the Supreme Court (Administration and Probate) Rules 2014 is revoked.
18New Rules 5.06 and 5.07
After Rule 5.05 of the Supreme Court (Administration and Probate) Rules 2014 insert—
"5.06 Process
(1)An application for a grant under this Order shall be made by originating motion submitted in RedCrest-Probate for filing in accordance with Order 1A.
(2)The applicant shall submit in RedCrest-Probate for filing—
(a)a copy of the document for which the grant is sought; and
(b)a copy of the advertisement or notice of intention to apply required by Rule 5.04 with the application referred to in paragraph (1).
5.07Original document to be filed in the office of the Registrar
Where an application for the resealing of a grant of representation is submitted in RedCrest-Probate for filing, the original document for which the resealing is sought shall be filed in the office of the Registrar within 28 days after the application is submitted in RedCrest-Probate for filing.".
19Rule 6.07 and related Forms revoked
(1)Rule 6.07 of the Supreme Court (Administration and Probate) Rules 2014 is revoked.
(2)Form 3–6A and Form 3–6B of the Supreme Court (Administration and Probate) Rules 2014 are revoked.
20Rule 6.08 substituted
For Rule 6.08 of the Supreme Court (Administration and Probate) Rules 2014 substitute—
"6.08 Authentication of orders
An order (other than an order under Order 10) in a proceeding to which these Rules apply shall—
(a)in the case of a grant of representation, be in the form determined by the Registrar; and
(b)in any other case, be in the form of the general form of order in Form 60C of Chapter I with any necessary modification.".
21Substituted administrator to furnish guarantee
In Rule 6.09(3) of the Supreme Court (Administration and Probate) Rules 2014 omit "and reference to the making of the order and its nature shall be indorsed on the grant".
22Rule 8.01 substituted
For Rule 8.01 of the Supreme Court (Administration and Probate) Rules 2014 substitute—
"8.01 Caveat
A caveat shall—
(a)be made by a caveat submitted in RedCrest-Probate for filing in accordance with Order 1A; and
(b)be signed (including by electronic signature) and dated by the caveator or the caveator's solicitor.".
23Rule 9.02 revoked
Rule 9.02 of the Supreme Court (Administration and Probate) Rules 2014 is revoked.
24Forms 3–2A, 3–3A, 3–4A and 3–8A revoked
Form 3–2A, Form 3–3A, Form 3–4A and
Form 3–8A of the Supreme Court (Administration and Probate) Rules 2014 are revoked.
Division 2—Chapter I consequential amendments
25Defendant dead at commencement of proceeding
(1)In Rule 9.08(11) of the Supreme Court (General Civil Procedure) Rules 2015[2], in the definition of grant of representation, for "a grant of" substitute "an order granting".
(2)After Rule 9.08(11) of the Supreme Court (General Civil Procedure) Rules 2015 insert—
"(12)Despite the amendment of the definition of grant of representation by the Supreme Court (Probate E-filing and Other Amendments) Rules 2019, that definition as in force immediately before that amendment continues to apply in respect of any grant issued before the commencement of Part 2 of those Rules.".
Division 3—Chapter II consequential amendments
26Production of probate
At the end of Rule 16.09 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2018[3] insert—
"(2)This Rule does not apply to a grant of representation of a deceased's estate granted on or after 15 April 2020.
Note
On and after 15 April 2020, grants of representation will be issued in RedCrest-Probate: see Order 1A of Chapter III of the Rules of the Supreme Court.".
27Procedure after order for plaintiff
(1)In the heading to Rule 16.10 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2018, after "plaintiff" insert "before 15 April 2020".
(2)After Rule 16.10(3) of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2018 insert—
"(4)This Rule applies to any order made in respect of a grant of representation made before the commencement of Part 2 of the Supreme Court (Probate E-filing and Other Amendments) Rules 2019.".
28New Rule 16.11
After Rule 16.10 of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2018 insert—
"16.11 Procedure after order for plaintiff on or after 15 April 2020
(1)This Rule applies to any order made in respect of a grant of representation made on or after the commencement of Part 2 of the Supreme Court (Probate E-filing and Other Amendments) Rules 2019.
(2)If an order is made in favour of a plaintiff, the Prothonotary shall provide to the Registrar an electronic copy of the authenticated order.
(3)The Registrar shall insert the electronic copy of the authenticated order into the grant of representation and shall—
(a)give a copy of the grant of representation so updated to the personal representative or the personal representative's solicitor; and
(b)give a copy of the order to the plaintiff or the plaintiff's solicitor.".
Part 3—Amendments relating to executors commissions and other amendments
Division 1—Chapter III amendments
29New Rule 1.07.1
After Rule 1.07 of the Supreme Court (Administration and Probate) Rules 2014 insert—
"1.07.1 Reference to judicial registrar
For the avoidance of doubt, a matter to which these Rules apply may be referred to a judicial registrar by a Judge or an Associate Judge in accordance with Rule 84.03 or Rule 84.04 of Chapter I, as the case requires.".
30Documents
After Rule 1.08(2) of the Supreme Court (Administration and Probate) Rules 2014 insert—
"(2.1)The Registrar shall only issue an exemplification—
(a)where it is required for the purpose of being resealed in another jurisdiction;
(b)if the Court orders an exemplification be issued; or
(c)if the Registrar otherwise considers it appropriate to do so.".
31New Rules 1.09 and 1.10
After Rule 1.08 of the Supreme Court (Administration and Probate) Rules 2014 insert—
"1.09 Searching by non-parties
A document in a proceeding to which these Rules relate is not available or open for inspection by a person who is not a party to the proceeding until after the grant of representation is made unless—
(a)these Rules otherwise provide;
(b)the Court otherwise orders; or
(c)the Registrar otherwise directs.
1.10Confidentiality and privacy
The Court may make any order it thinks fit or the Registrar may make any direction the Registrar thinks fit as to confidentiality and privacy in relation to the filing of documents in accordance with these Rules, including ordering or directing that particular documents or classes of documents be filed in a redacted form.".
32Grounds of caveator's objection
After Rule 8.06(3) of the Supreme Court (Administration and Probate) Rules 2014 insert—
"(3.1)The caveator shall give particulars of any fact or matter raised in the grounds of objection set out in paragraphs (1), (2) and (3).".
33Directions
In Rule 8.08 of the Supreme Court (Administration and Probate) Rules 2014 omit "the Judge of".
34Application of Order 10
In Rule 10.01 of the Supreme Court (Administration and Probate) Rules 2014, for "section 65" substitute "Subdivision 3 of Division 7 of Part I".
35Process
In Rule 10.02(b) of the Supreme Court (Administration and Probate) Rules 2014, after "Associate Judge" insert "or a judicial registrar".
36Rules 10.03 and 10.04 substituted
For Rules 10.03 and 10.04 of the Supreme Court (Administration and Probate) Rules 2014 substitute—
"10.03 Administration account to be filed
(1)Before making an application under Rule 10.02, an applicant shall have filed with the Court an administration account in Form 3–6AA, being a true and correct account of the administration of the estate, verified by affidavit.
(2)The administration account shall contain full particulars of—
(a)receipts;
(b)disbursements;
(c)all assets and liabilities (including assets and liabilities not known at the date of the application for probate or administration); and
(b)distribution of all assets.
(3)The administration account shall be verified by all legal personal representatives, if more than one, even if the application is not made by all of them.
10.04Consent to hearing without notice and acceptance of account
A beneficiary of an estate or a surety to a guarantee provided by an administrator may, at any time, file in the Court or provide to the applicant to produce to the Court a consent in Form 3–10C—
(a)to acceptance by the Court of an administration account filed under Rule 10.03 as true and correct after it has been seen by that beneficiary;
(b)to the hearing and determination of an application without notice; or
(c)to both matters referred to in paragraphs (a) and (b).".
37Rule 10.05 and related Form revoked
(1)Rule 10.05 of the Supreme Court (Administration and Probate) Rules 2014 is revoked.
(2)Form 3–10D of the Supreme Court (Administration and Probate) Rules 2014 is revoked.
38Directions
(1)In Rule 10.06(1) of the Supreme Court (Administration and Probate) Rules 2014 for "An Associate Judge" substitute "The Court".
(2)For Rule 10.06(3) of the Supreme Court (Administration and Probate) Rules 2014 substitute—
"(3)In giving directions, the Court shall consider any consent filed or produced under Rule 10.04.".
39Rule 10.07 substituted
For Rule 10.07 of the Supreme Court (Administration and Probate) Rules 2014 substitute—
"10.07 Objection to application
A person objecting to an application shall file an affidavit setting out—
(a)the nature of that person's interest in the estate;
(b)any objection to any item in the administration account by reference to its item number; and
(c)any objection to the applicant's evidence of the pains and trouble of the administration.".
40Rule 10.11 substituted
For Rule 10.11 of the Supreme Court (Administration and Probate) Rules 2014 substitute—
"10.11 Liberty to apply
If the Court allows the application, the following have liberty to apply from time to time—
(a)the applicant, or the applicant's legal personal representative;
(b)the executor, administrator or trustee for the time being of the estate being administered—
and the rules with respect to the making of an application apply with any necessary modification.".
41Rule 10.12 and Form 3–10E revoked
(1)Rule 10.12 of the Supreme Court (Administration and Probate) Rules 2014 is revoked.
(2)Form 3–10E of the Supreme Court (Administration and Probate) Rules 2014 is revoked.
42Process
At the end of Rule 11.02 of the Supreme Court (Administration and Probate) Rules 2014 insert—
"(2)The application shall be supported by—
(a)where the applicant is the plaintiff, an affidavit setting out the facts upon which the applicant relies to show that the grant of representation should be revoked;
(b)in any other case, the particularised grounds on which the grant of representation should be revoked.".
43Form 3–6AA amended
In Form 3–6AA of the Supreme Court (Administration and Probate) Rules 2014, for "Rule 6.03(1)" substitute "Rules 6.03(1) and 10.03(1)".
44Form 3–10A amended
In Form 3–10A of the Supreme Court (Administration and Probate) Rules 2014 omit "by an Associate Judge".
45Forms 3–10B and 3–10C substituted
For Forms 3–10B and 3–10C of the Supreme Court (Administration and Probate) Rules 2014 substitute—
| "Rule 10.02 | FORM 3–10B |
AFFIDAVIT IN SUPPORT OF APPLICATION FOR COMMISSION
[heading as in summons]
AFFIDAVIT IN SUPPORT OF APPLICATION FOR COMMISSION
I, [full name] , make *oath/*affirm and say:
1.I am the executor [or administrator] to whom probate of the Will [or letters of administration of the estate] of the abovenamed deceased who died [intestate] on the day of 20 were granted on the day of 20 .
2.A true and correct account of the administration of the estate of the deceased in Form 3–6AA (the administration account) up to [insert date] has been filed with the Court. Now produced and shown to me and marked [insert exhibit reference] is a copy of the administration account.
3.No previous application for the allowance of commission in respect of the estate has been made [or as the case may be].
Verification of administration account
4.*At the date of death, the deceased was not entitled to any debt or sum of money due from me on any account whatsoever
OR
*At the date of death, the deceased was entitled to [insert sum] from me arising from [explain basis of indebtedness], which has been fully paid and set out in the administration account [or explain why not paid].
5.The administration account is a full and complete account of the administration of the estate. In particular, it sets out a full account of—
(a)all real and personal estate that was possessed by the deceased;
(b)all rents, profits, dividends, interest and income of the estate;
(c)the times when and the names of the persons from whom the assets referred to in paragraphs (a) and (b) have been received;
(d)the distributions, disbursements, allowances and payments (including any distributions in specie) made by me from the estate, including the times when, the names of the persons to whom, the purposes of each distribution, disbursement, allowance and payment, and whether from capital or income of the estate;
(e)any estate assets uncollected; and
(f)any estate assets retained or held by me.
6.I have not received any estate assets (including sale proceeds) or income that are not disclosed in the administration account.
7.All distributions, disbursements, allowances and payments shown in the administration account were actually made by me.
8.Other than as I have set out in the administration account, there are no estate assets retained or remaining uncollected or any other part of the estate outstanding or undisposed of.
9.The real and personal estate, all moneys derived from the realisation of estate assets and all investments made from the estate are now held by me as executor [or administrator] are vested in me and are under my sole control.
10.All debts and liabilities, funeral and testamentary expenses payable or owing by the estate have been paid or discharged [except ].
11.The balance of the estate now in my hands as executor [or administrator] and available for distribution as disclosed by the administration account consists of real estate of the value of
$ and personal estate and money of the value of $ .
12.The assets of the estate were situated in [location].
The beneficiaries [and sureties if any]
13.It is proposed to distribute the balance of the estate now in my hands as executor [or administrator] as follows:
(Set out shortly the proposed division of balance [or in accordance with the provisions of the Will]).
14.The name, address and age of each beneficiary affected by this application for commission (interested beneficiaries) are as follows:
15.[where applicable] The names and addresses of the sureties to the guarantees are as follows:
16.[where applicable] I have received consents in Form 3–10C from [insert names] now produced and shown to me and marked [insert exhibit number reference].
17.[where applicable] The interested beneficiaries were provided with the information required by section 65D of the Administration and Probate Act 1958 by [set out evidence, including by exhibiting any relevant written communication].
The responsibility and tasks undertaken in the administration of the estate
18.[Set out in numbered paragraphs the pains and trouble of the administration of the estate, that is, the responsibility, worry, judgment, care, attention and burden of decision-making, as well as the activities, tasks, time and practical work of the administration, with sufficient detail to enable the Court to determine the application].
Conclusion
19.I seek commission of [insert amount and percentage] be allowed to me for the administration of the estate.
The contents of this affidavit are true and correct and I make it knowing that a person making a false affidavit may be prosecuted for the offence of perjury.
*SWORN/*AFFIRMED etc.
*Delete whichever does not apply
NOTE:If more than one person is applying for commission, this affidavit should be modified accordingly and be made by all applicants jointly and severally. The administration account must be sworn by all executors, regardless of whether they all seek commission.
__________________
| Rule 10.04 | FORM 3–10C |
[heading as in summons]
CONSENT
I, [name] of [address] being a person beneficially interested in the estate of [name of deceased] deceased, and having seen the administration account filed with the Court on [date] consent to:
*1.acceptance by the Court of the administration account as true and correct.
*2.the hearing and determination of the applicant's application for commission without notice to me of the hearing of the application and in my absence.
*3.both acceptance by the Court of the administration account as true and correct and the hearing and determination of the applicant's application for commission without notice to me of the hearing of the application and in my absence.
Date:
[Signed]
*Delete whichever does not apply".
Division 2—Amendment of Chapter I
46Seal of Court
In Rule 28.04(1) of the Supreme Court (General Civil Procedure) Rules 2015—
(a)after "the Prothonotary," (where first occurring) insert "the Registrar of Probates,";
(b)for paragraph (f) (where secondly occurring) substitute—
'(g)the Prothonotary, the word "Prothonotary";
(ga)the Registrar of Probates, the words "Registrar of Probates";'.
47Application of Order 28A
(1)In Rule 28A.01(1)(b) of the Supreme Court (General Civil Procedure) Rules 2015, after "Division" insert ", other than a proceeding to which Chapter III applies".
(2)For the note at the foot of Rule 28A.01(1)(b) of the Supreme Court (General Civil Procedure) Rules 2015 substitute—
"Notes
1 See Order 1A of Chapter III for filing a document to which Chapter III applies.
2 A document under Order 6 of Chapter VI is filed in the Common Law Division pursuant to this Rule.".
48Authority
For Rule 77.01(2)(a)(i) of the Supreme Court (General Civil Procedure) Rules 2015 substitute—
"(i)the Administration and Probate Act 1958—
(A)Subdivision 3 of Division 7 of Part I; and
(B)Part IV, if an order is sought under that Part by consent;".
49Authority of judicial registrars
(1)In Rule 84.02(1)(k) of the Supreme Court (General Civil Procedure) Rules 2015, for "earnings)." substitute "earnings);".
(2)After Rule 84.02(1)(k) of the Supreme Court (General Civil Procedure) Rules 2015 insert—
"(l)an application under Subdivision 3 of Division 7 of Part I of the Administration and Probate Act 1958 (commission to executors, administrators and trustees of deceased persons).".
Dated: 28 November 2019
CHRISTOPHER MAXWELL, P.
PAMELA TATE, J.A.
SIMON P. WHELAN, J.A.
DAVID F. R. BEACH, J.A.
STEPHEN KAYE, J.A.
S. G. E. McLEISH, J.A.
R. NIALL, J.A.
KIM HARGRAVE, J.A.
TERRY FORREST, J.A.
KARIN EMERTON, J.A.
KEVIN H. BELL, J.
ANTHONY CAVANOUGH, J.
M. L. SIFRIS, J.
PETER ALMOND, J.
JOHN R. DIXON, J.
C. MACAULAY, J.
KATE McMILLAN, J.
G. J. DIGBY, J.
T. J. GINNANE, J.
MELANIE SLOSS, J.
MICHAEL McDONALD, J.
RITA ZAMMIT, J.
P. J. RIORDAN, J.
JANE A. DIXON, J.
A. J. KEOGH, J.
MAREE KENNEDY, J.
M. N. CONNOCK, J
MELINDA RICHARDS, J
KEVIN J. A. LYONS, J.
LESLEY TAYLOR, J.
S. J. MOORE, J.
ANDREW J. TINNEY, J.
JACINTA FORBES, J.
L. M. NICHOLS, J.
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Endnotes
[1] Rule 4: S.R. No. 10/2014 as amended by S.R. Nos 208/2014 and 19/2019.
[2] Rule 25: S.R. No. 103/2015. Reprint No. 2 as at 2 January 2018. Reprinted to S.R. No. 127/2017. Subsequently amended by S.R. Nos 32/2018, 33/2018, 58/2018, 131/2018, 132/2018, 168/2018, 19/2019, 21/2019, 21/2019, 38/2019 and 73/2019.
[3] Rule 26: S.R. No. 57/2018 as amended by S.R. No. 19/2019.
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