Administration and probate—proof in solemn form
3113 Administration and probate—proof in solemn form
This rule applies if the court has made a grant in common form of probate or letters of administration with the will annexed.
Anyone who claims to have sufficient interest in the administration of the estate may apply to the court for an order for the personal representative to bring the grant of representation into the registry.
The court must not make an order under subrule (2) unless satisfied that the applicant has an interest in the estate or a reasonable prospect of establishing an interest.
If the court makes an order under subrule (2), the court may also give the directions it considers appropriate, including directions about the people to be made parties to the proceeding and about service.
If the court makes an order under subrule (2), the personal representative must bring the original grant, and all sealed copies of the grant, into the registry.
The grant and sealed copies must be brought into the registry as soon as possible (see Legislation Act, s 151B (Doing things for which no time is fixed)) unless the court gives a direction about when they must be brought into the registry.
As soon as practicable after the court makes an order under subrule (2), the personal representative must start a proceeding for grant of representation in solemn form.
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