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Contents (1970 - 01)
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Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 19 August 2017 at 19:15)
21   Evidence in support of application for administration by de facto partner
(cf former Part 78, rule 25A)
(1)  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:
(a)  an application for the grant of administration with the will annexed, or
(b)  an application for the grant of administration under section 91 of the Succession Act 2006.
Note.
 1 March 2010 was the date on which the provisions of the Probate and Administration Act 1898 referred to in subrule (3) (a) were repealed by the Succession Amendment (Intestacy) Act 2009.
(2)  The 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.
(3)  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.
(4)  The provision of consents and service of notices is to be in accordance with rule 19.
(5)  In this rule, statutory trust for de facto partners means a trust for the benefit of a de facto partner:
(a)  that arises under section 61B (3A) (a) or (3B) (a) or (b) (ii) of the Probate and Administration Act 1898 (as in force before 1 March 2010), or
(b)  that, by operation of section 32G (2) of that Act, arises under any other provision of that Act (as so in force).