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r 9

Administrator’s affidavit

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9 Administrator’s affidavit

An application for administration of the estate of a deceased person dying intestate shall be supported by an affidavit setting forth —

(i)

that the applicant (if a natural person) has attained the age of 18 years;

(ii)

the death of the intestate and the date and place of his death and the status of the intestate, that is whether leaving a widow or widower, a person who was in a de facto relationship with the intestate immediately before the death of the intestate, or dying a bachelor, widower, spinster, widow, or divorced person;

(iii)

that the deceased died intestate;

(iv)

that the applicant has made careful search and inquiry to ascertain whether the deceased left a will;

(v)

that the intestate left estate within Western Australia, and, where the applicant is a natural person, the gross value thereof;

(vi)

that the applicant has a right to the administration of the estate of the intestate, and the names and addresses of all persons who have a right thereto prior to or equal with the right of the applicant;

(vii)

the names, addresses and ages of the persons entitled in distribution to the estate of the intestate, and whether the deceased had adopted any child;

(viii)

the facts relied on to show who are the persons entitled to the administration of the estate of the intestate, and who are the persons entitled in distribution thereto;

(ix)

that the applicant if given a grant will administer the estate according to law; and

(x)

that no application for probate or administration in the matter has previously been made, or if there has been a previous application, the full particulars thereof.

[Rule 9 inserted: Gazette 17 October 1986 p. 3894; amended: Gazette 30 June 2003 p. 2619.]

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