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Contents (1970 - 01)
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Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 18 August 2017 at 07:24)
1   Definitions
(cf former Part 78, rule 1)
In this Part:
administration means administration of a deceased person’s estate, and includes:
(a)  administration with the will annexed, and
(b)  administration where a prior grant of probate or administration has become inoperative, and
(c)  limited and special administration.
affidavit in support, in relation to an application:
(a)  for the grant of probate or administration, or
(b)  for the resealing of a foreign grant,
means an affidavit referred to in rule 12.
caveat against grant of probate or administration means a caveat referred to in rule 66.
caveat concerning an informal testamentary instrument means a caveat referred to in rule 67.
caveat requiring proof in solemn form means a caveat referred to in rule 68.
contentious proceedings means proceedings in which:
(a)  a notice of proceedings has been served on any person, or
(b)  there is a defendant,
but, in relation to proceedings concerning an informal testamentary document in which the only defendant is a person who has become a defendant pursuant to rule 44 (2), includes only such parts of the proceedings as are referred to in rule 44 (4).
foreign grant means probate, or letters of administration, granted elsewhere than in New South Wales by a court of competent jurisdiction referred to in section 107 (1) of the Probate and Administration Act 1898.
informal testamentary document means a document that (together with any amendments to it) purports to embody a deceased person’s testamentary intentions, being a document that has not been duly executed.
named executor, in relation to an application for grant of probate or administration, means an executor named in the will to which the application relates.
non-contentious proceedings means proceedings that are not contentious proceedings.
notice of proceedings means a notice referred to in rule 57 (1).
notice to apply for administration means a notice referred to in rule 53 (2).
notice to apply for probate means a notice referred to in rule 55 (2).
registrar means a registrar within the meaning of the Probate and Administration Act 1898 or the Succession Act 2006, and includes a deputy or assistant to any such registrar who has been appointed as such under section 120 of the Supreme Court Act 1970.
resealing means the sealing, under section 107 of the Probate and Administration Act 1898, of a foreign grant.
will includes a codicil and any other testamentary document.