Supreme Court of Tasmania

SUPREME COURT OF TASMANIA

CIRCULAR TO PRACTITIONERS

No. 14 of 2015
14 December 2015

PROBATE PROCEDURE

Amendments to the Administration and Probate Act 1935

Amendments to the Administration and Probate Act 1935 brought about by the Justice and Related Legislation (Miscellaneous Amendments) Act 2015 came into effect on 13 October 2015.The amendments affect the practice in relation to non-contentious probate by:

  • permitting the Court to grant Letters of Administration to adults whether or not they reside in Tasmania;
  • removing the requirement for the recipient of a grant of administration to provide an Administration Bond to the Registrar.

The legislation affects all applications for grants where the estate arose from deaths of persons on and from 13 October 2015

Requirement to provide photocopy of testamentary papers

From 4 January 2016 all applications for grants of probate or letters of administration with the will annexed will be required to be filed with a photocopy of any testamentary papers in relation to which the grant is sought.

The photocopies must be on A4 size paper and be double-sided.

J A CONNOLLY

REGISTRAR