New South Wales Consolidated Acts

PROBATE AND ADMINISTRATION ACT 1898 - SECT 104

104 Registrar to issue probate or administration in the name of the Court

(1) The Registrar shall, upon being satisfied--

(a) with the sufficiency of the evidence in support of the application, and

(b) that the estate does not exceed the amount in value determined in accordance with section 101, and

(c) that no caveat has been entered against the application, and

(d) that no will has been deposited with the Registrar or with the NSW Trustee (search for which it shall be the duty of the Registrar to make), and

(e) that the fees have been duly paid,

cause probate or letters of administration (as the case may be) to be issued and delivered to the applicant on demand, or shall forward the same to the district agent for delivery by the district agent to the applicant.

(2) Such probate or administration shall be issued in the name and under the seal of the Court.