Supreme Court of Tasmania

SUPREME COURT OF TASMANIA

CIRCULAR TO PRACTITIONERS

No. 14 of 2010 23 December 2010
Supreme Court Amendment Rules 2010
Probate Amendment Rules 2010

These amendment rules are made as a consequence of the Intestacy Act 2010 and are expected to be gazetted on 29 December 2010. The Act repeals Part V of the Administration and Probate Act 1935 and requires changes to the Supreme Court Rules 2000 and the Probate Rules 1936.

The Act was developed as a consequence of the national Uniform Succession Laws Project. I am advised that the Intestacy Act 2010 will commence on 1 January 2011. The amendments to the rules will commence on the day the Intestacy Act 2010 commences.

In summary, the rule changes are:

Supreme Court Rules 2000

  • Amendment of Rule 90 to provide that applications under the Intestacy Act are made to a judge in chambers.

Probate Rules 1936

  • Rescinding of r3A – this removes the definition of “partner” from the Probate Rules as it is only relevant to r22;
  • New Rule 22 to provide for the order of priority of right to a grant where there is no will;
  • Inclusion of definition of “spouse” in new r22; and
  • New form XXII and deletion of current forms XXII, XXIIA and XXIIB.

E A Knight

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