Western Australian Consolidated Regulations

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NON-CONTENTIOUS PROBATE RULES 1967 - REG 9

9 .         Administrator’s affidavit

                An application for administration of the estate of a deceased person dying intestate shall be supported by an affidavit setting forth — 

                  (i)         that the applicant (if a natural person) has attained the age of 18 years;

                  (ii)         the death of the intestate and the date and place of his death and the status of the intestate, that is whether leaving a widow or widower, a person who was in a de facto relationship with the intestate immediately before the death of the intestate, or dying a bachelor, widower, spinster, widow, or divorced person;

                  (iii)         that the deceased died intestate;

                  (iv)         that the applicant has made careful search and inquiry to ascertain whether the deceased left a will;

                  (v)         that the intestate left estate within Western Australia, and, where the applicant is a natural person, the gross value thereof;

                  (vi)         that the applicant has a right to the administration of the estate of the intestate, and the names and addresses of all persons who have a right thereto prior to or equal with the right of the applicant;

                  (vii)         the names, addresses and ages of the persons entitled in distribution to the estate of the intestate, and whether the deceased had adopted any child;

                  (viii)         the facts relied on to show who are the persons entitled to the administration of the estate of the intestate, and who are the persons entitled in distribution thereto;

                  (ix)         that the applicant if given a grant will administer the estate according to law; and

                  (x)         that no application for probate or administration in the matter has previously been made, or if there has been a previous application, the full particulars thereof.

        [Rule 9 inserted in Gazette 17 October 1986 p.3894; amended in Gazette 30 June 2003 p.2619.]



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