Chapter 1—Preliminary 1 Citation These Rules may be cited as the “Probate Rules 2015”. 2 Commencement These Rules commence on 1 July 2015. 3 Interpretation (1) In these Rules, unless a contrary intention appears or the context otherwise requires— (a) words and expressions defined in the Administration and Probate Act and the shall have the same meanings as are assigned 1919 Wills Act 1936 to them in those Acts; (b) means the and any Act the Act Administration and Probate Act 1919, amending the same or substituted therefor and where a section is mentioned the reference is to that section of the Administration and or the corresponding provision of any amending or Probate Act 1919, substituted Act; means an affidavit whether sworn or affirmed; affidavit see rule 52(2); the caveator— see rule 53(2); the citor— means the Supreme Court of South Australia; the Court in relation to a person means the child of that or cousin person’s uncle aunt; means the Crown in right of this State; the Crown means a domestic partner within the meaning of section domestic partner 11A of the Family Relationships Act 1975; (or a reference to a Supreme Court Rule) means the General Civil Rules Supreme Court Civil Rules 2006; means the General Civil Supplementary Rules Supreme Court Civil Rules 2014; means a grant of probate or administration, an order under section 9 grant of the authorising Public Trustee to administer Public Trustee Act 1995 the estate of a deceased person or a re-seal of a foreign grant; in relation to any estate means the value of the estate without gross value deduction for debts, encumbrances or funeral expenses; means a Judge of the Court; Judge in relation to an estate asset means its gross value in the market value market under the state of things existing at the relevant time; means the oath required by rule 11 to be sworn by every applicant oath for a grant;
Chapter 1—Preliminary 1 Citation These Rules may be cited as the “Probate Rules 2015”. 2 Commencement These Rules commence on 1 July 2015. 3 Interpretation (1) In these Rules, unless a contrary intention appears or the context otherwise requires— (a) words and expressions defined in the Administration and Probate Act 1919 and the Wills Act 1936 shall have the same meanings as are assigned to them in those Acts; (b) the Act means the Administration and Probate Act 1919, and any Act amending the same or substituted therefor and where a section is mentioned the reference is to that section of the Administration and Probate Act 1919, or the corresponding provision of any amending or substituted Act; affidavit means an affidavit whether sworn or affirmed; the caveator— see rule 52(2); the citor— see rule 53(2); the Court means the Supreme Court of South Australia; cousin in relation to a person means the child of that person’s uncle or aunt; the Crown means the Crown in right of this State; domestic partner means a domestic partner within the meaning of section 11A of the Family Relationships Act 1975; General Civil Rules (or a reference to a Supreme Court Rule) means the Supreme Court Civil Rules 2006; General Civil Supplementary Rules means the Supreme Court Civil Rules 2014; grant means a grant of probate or administration, an order under section 9 of the Public Trustee Act 1995 authorising Public Trustee to administer the estate of a deceased person or a re-seal of a foreign grant; gross value in relation to any estate means the value of the estate without deduction for debts, encumbrances or funeral expenses; Judge means a Judge of the Court; market value in relation to an estate asset means its gross value in the market under the state of things existing at the relevant time; oath means the oath required by rule 11 to be sworn by every applicant for a grant;
Supreme%20Court%20Probate%20Rules%202015.docx