Supreme Court (Probate Fees) Variation Regulations 2004 (SA)

South Australia

Supreme Court (Probate Fees) Variation Regulations 2004

under the Supreme Court Act 1935

Contents

Part 1—Preliminary

Short title
Commencement
Variation provisions

Part 2—Variation of Supreme Court (Probate Fees) Regulations 1999

Substitution of Schedule
Schedule—Fees

Part 1—Preliminary

1—Short title
These regulations may be cited as the Supreme Court (Probate Fees) Variation Regulations 2004.
2—Commencement
These regulations will come into operation on 1 July 2004.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Supreme Court (Probate Fees) Regulations 1999

4—Substitution of Schedule
Schedule—delete the Schedule and substitute:
Schedule—Fees

Grants

1

On lodging an application for—

    (a)    a grant of probate or administration

$565

    (b)    the sealing of a grant under section 17 of the Act

$565

(c) an order under section 9 of the Public Trustee Act 19.7095

$565

Note—

This fee covers—

      •      photocopies required of the will or other document (if any) for the grant and record or other purposes;

      •      preparing and sealing any probate or letters of administration, with or without the will annexed, and any order to the Public Trustee to administer;

      •      sealing any probate or letters of administration, with or without the will annexed, exemplification or other document under section 17 of the Act.

Miscellaneous dealings with grants

2

On lodging an application to amend a grant or for noting on a grant that the deceased died domiciled in South Australia if not so noted when the grant was issued (inclusive fee)

$47.50

3

On lodging 2 certified photocopies of an order under the Inheritance (Family Provision) Act 1972 for annexation to the grant and for the record (inclusive fee)

$47.50

4

On lodging an application to revoke or impound a grant (inclusive fee)

$47.50

Copies

5

For a photographic copy of a will or extract of a will or other document—for each photographic sheet supplied

$2.20

6

For impressing a seal of the court on a copy

$21.40

Note—

This fee is not payable where the fee under clause 8 is payable.

7

For the Registrar's certificate in verification of a copy

$21.40

8

For an exemplification of probate or letters of administration, with or without the will annexed (in addition to the fee under clause 5)

$47.50

Caveats

9

For the entry or withdrawal of a caveat, for a warning to a caveat or for service of a warning to a caveat sent by the Registrar through the post

$19.70

Appearances

10

On entering an appearance—for 1 or more persons

$34.25

Citations and subpoenas

11

For sealing a citation or a subpoena

$19.70

Searches

12

For a search for a will or other document filed in the Registry and the issue of a search copy (inclusive fee)

$11.60

and, in addition, for handling a search by post—in respect of each will or other document

$1.15

Deposit and withdrawal of wills

13

For depositing the will of a deceased person in the Registry—

    (a)    for safe custody on renunciation of executor (inclusive fee)

$19.70

    (b)    under the Crown Lands Act 1929 (inclusive fee)

$19.70

14

For depositing the will or codicil of a living person for safe custody in the Registry under section 13 of the Act (inclusive fee)

$65

15

On withdrawal of a will under section 15 of the Act (inclusive fee)

$32

Inquiry by Registrar

16

For the examination of a person or witness before the Registrar for the purpose of an inquiry or investigation—for each hour or part of an hour

$82

Settling documents

17

For perusing and settling citations, advertisements, oaths, affidavits or other documents—per document

$24.90

Note—

This fee is not payable on an application under section 16 of the Act.

Originating applications

18

On sealing an originating summons, presenting a petition (other than a petition for an order under section 9 of the Public Trustee Act 1995) or filing a notice of motion or other originating application

$166

19

For sealing any other summons

$32

Note—

This fee is not payable where the fee under clause 1 is payable.

20

On lodging an application for an order admitting to proof a nuncupative will, a will contained in a copy, a completed draft, a reconstruction or other evidence of its contents

$166

21

Hearing in chambers or in court where the hearing occupies more than 10 hours—for every additional period of 5 hours or part of 5 hours

$82

Note—

The fees under clauses 18, 19 and 20 cover any necessary document, affidavit or search, any interlocutory summons and the entering and sealing of any judgment, decree or order given or made in court or in chambers.

Miscellaneous

22

For filing a renunciation after the issue of a grant by an executor to whom leave was reserved (inclusive fee)

$32

23

For—

    (a)    a certificate under the hand of the Registrar

$19.70

    (b)    filing or depositing an affidavit or document in the Registry

$5.90

    (c)     sealing an order of the court or the Registrar (inclusive fee)

$32

Note—

These fees are not payable where the certificate or the filing, deposit or sealing of the order is included in an application or proceeding for which another fee is payable.

24

For administering an oath, taking an affirmation, superintending and attesting execution of a bond, or for taxing or moderating a bill of costs

The fees prescribed by the Supreme Court (Fees) Regulations 1999

Note—

The fee payable in respect of a document of foreign origin that is not strictly of a type referred to in this Schedule is that payable in respect of the document specified in this Schedule to which, in the opinion of the Registrar, the foreign document most closely corresponds.

Note—
As required by section 10AA(2) of the Subordinate Legislation Act 19.7078, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 27 May 2004

No 58 of 2004

AGO0121/04CS

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Citations

Supreme Court (Probate Fees) Variation Regulations 2004 (SA)

Cases Citing This Decision

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Grants
1	On lodging an application for—
(a) a grant of probate or administration	$565
(b) the sealing of a grant under section 17 of the Act	$565
(c) an order under section 9 of the Public Trustee Act 19.7095	$565
Note— This fee covers— • photocopies required of the will or other document (if any) for the grant and record or other purposes; • preparing and sealing any probate or letters of administration, with or without the will annexed, and any order to the Public Trustee to administer; • sealing any probate or letters of administration, with or without the will annexed, exemplification or other document under section 17 of the Act.
Miscellaneous dealings with grants
2	On lodging an application to amend a grant or for noting on a grant that the deceased died domiciled in South Australia if not so noted when the grant was issued (inclusive fee)	$47.50
3	On lodging 2 certified photocopies of an order under the Inheritance (Family Provision) Act 1972 for annexation to the grant and for the record (inclusive fee)	$47.50
4	On lodging an application to revoke or impound a grant (inclusive fee)	$47.50
Copies
5	For a photographic copy of a will or extract of a will or other document—for each photographic sheet supplied	$2.20
6	For impressing a seal of the court on a copy	$21.40
Note— This fee is not payable where the fee under clause 8 is payable.
7	For the Registrar's certificate in verification of a copy	$21.40
8	For an exemplification of probate or letters of administration, with or without the will annexed (in addition to the fee under clause 5)	$47.50
Caveats
9	For the entry or withdrawal of a caveat, for a warning to a caveat or for service of a warning to a caveat sent by the Registrar through the post	$19.70
Appearances
10	On entering an appearance—for 1 or more persons	$34.25
Citations and subpoenas
11	For sealing a citation or a subpoena	$19.70
Searches
12	For a search for a will or other document filed in the Registry and the issue of a search copy (inclusive fee)	$11.60
and, in addition, for handling a search by post—in respect of each will or other document	$1.15
Deposit and withdrawal of wills
13	For depositing the will of a deceased person in the Registry—
(a) for safe custody on renunciation of executor (inclusive fee)	$19.70
(b) under the Crown Lands Act 1929 (inclusive fee)	$19.70
14	For depositing the will or codicil of a living person for safe custody in the Registry under section 13 of the Act (inclusive fee)	$65
15	On withdrawal of a will under section 15 of the Act (inclusive fee)	$32
Inquiry by Registrar
16	For the examination of a person or witness before the Registrar for the purpose of an inquiry or investigation—for each hour or part of an hour	$82
Settling documents
17	For perusing and settling citations, advertisements, oaths, affidavits or other documents—per document	$24.90
Note— This fee is not payable on an application under section 16 of the Act.
Originating applications
18	On sealing an originating summons, presenting a petition (other than a petition for an order under section 9 of the Public Trustee Act 1995) or filing a notice of motion or other originating application	$166
19	For sealing any other summons	$32
Note— This fee is not payable where the fee under clause 1 is payable.
20	On lodging an application for an order admitting to proof a nuncupative will, a will contained in a copy, a completed draft, a reconstruction or other evidence of its contents	$166
21	Hearing in chambers or in court where the hearing occupies more than 10 hours—for every additional period of 5 hours or part of 5 hours	$82
Note— The fees under clauses 18, 19 and 20 cover any necessary document, affidavit or search, any interlocutory summons and the entering and sealing of any judgment, decree or order given or made in court or in chambers.
Miscellaneous
22	For filing a renunciation after the issue of a grant by an executor to whom leave was reserved (inclusive fee)	$32
23	For—
(a) a certificate under the hand of the Registrar	$19.70
(b) filing or depositing an affidavit or document in the Registry	$5.90
(c) sealing an order of the court or the Registrar (inclusive fee)	$32
Note— These fees are not payable where the certificate or the filing, deposit or sealing of the order is included in an application or proceeding for which another fee is payable.
24	For administering an oath, taking an affirmation, superintending and attesting execution of a bond, or for taxing or moderating a bill of costs	The fees prescribed by the Supreme Court (Fees) Regulations 1999
Note— The fee payable in respect of a document of foreign origin that is not strictly of a type referred to in this Schedule is that payable in respect of the document specified in this Schedule to which, in the opinion of the Registrar, the foreign document most closely corresponds.