Supreme Court of Tasmania



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