Grant of representation—when notice of intention to apply to be served on public trustee and guardian
3009 Grant of representation—when notice of intention to apply to be served on public trustee and guardian
This rule applies to an application for grant of representation of the estate of a deceased person made by someone other than the public trustee and guardian if the court has made an order under the Administration and Probate Act, section 88 (Orders to public trustee and guardian to collect and administer) for the public trustee and guardian to collect and administer an estate.
At least 14 days before the day the application is filed, the applicant must serve notice of the application, and a copy of the supporting affidavit to accompany the application, on the public trustee and guardian.
Either—
the application must be accompanied by the written consent of the public trustee and guardian to the application; or
the supporting affidavit for the application must state that the public trustee and guardian has been served with notice of the application in accordance with subrule (2).
To remove any doubt, a copy of the supporting affidavit served under this rule need not include details about the service of the notice and the supporting affidavit.
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