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Supreme Court Rules 1970
Current version for 8 December 2017 to date (accessed 18 November 2019 at 17:49)
Evidence in support of application for administration by de facto partner
(cf former Part 78, rule 25A)
This rule applies to an application for the grant of administration made by or on behalf of a de facto partner of the deceased in respect of the estate of a person who died before 1 March 2010, other than:an application for the grant of administration with the will annexed, orThe affidavit in support of an application for the grant of administration made by or on behalf of a de facto partner must show that the estate, or some part of it, is required to be held under a statutory trust for de facto partners.The application must be supported by the written consent of each person who would be entitled to distribution of the estate if the deceased had not left a de facto spouse, or an affidavit of service on such a person of the applicant’s intention to make such an application.The provision of consents and service of notices is to be in accordance with rule 19.In this rule, means a trust for the benefit of a de facto partner:Probate and Administration Act 1898 (as in force before 1 March 2010), orthat arises under section 61B (3A) (a) or (3B) (a) or (b) (ii) of thethat, by operation of section 32G (2) of that Act, arises under any other provision of that Act (as so in force).