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Supreme Court Rules 1970
Current version for 8 December 2017 to date (accessed 27 June 2019 at 02:13)
39 Notice of proceedings to be served on certain persons
(cf former Part 78, rule 34C)
(1) This rule applies to any proceedings on an application for the grant of probate or administration in which an application is made for an order under:(a) section 10 (3) (c) or 27 (1) of the Succession Act 2006, or(b) section 13 (2) (c), 15A (2) (a) or 29A (1) of the Probate and Administration Act 1898, as in force before the repeal of those provisions.Note.The provisions referred to in paragraph (b) were repealed, and replaced by the provisions referred to in paragraph (a), on 1 March 2008.(2) The applicant for the grant of probate or administration:(a) must file an affidavit showing the persons whose interests would be adversely affected if the order were made, and(b) must serve a notice of proceedings on each such person within 28 days after the application for the order is made.Note.Division 9 (particularly Subdivisions 3, 4 and 5) apply to a notice of proceedings referred to in paragraph (b).(3) Subrule (2) (b) does not require a notice of proceedings to be served on a person who has consented to the making of the order.(4) Any document that the applicant intends to rely on as evidence of such consent must be filed.