Version 2017.2 last updated 14/06/2017

INFORMATION KIT

LETTERS OF

ADMINISTRATION

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CONTENTS

Introduction 3

Overview of process 5

Completing and signing application documents 7

Filing your application 13

Fees 15

Legal resources 16

Contacting the probate registry 18

Sample forms 20

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INTRODUCTION__________________________________________________________

The Supreme Court of Tasmania

The Supreme Court of Tasmania has jurisdiction in Tasmania to make orders in relation to

the validity of a will of a deceased person, the appointment of an Executor or an

Administrator, and the administration of deceased estates.

The Probate Registry

The Probate Registry deals with all applications for grants of Probate and Letters of

Administration of deceased estates in Tasmania. It is responsible for determining, on

application for a grant of probate or letters of administration, what document or documents

constitute the last will of the deceased and/or who may be entitled to be the personal

representative of the deceased, with power to deal with the estate of the deceased.

Deceased estates

When a person dies leaving assets in Tasmania, somebody (usually the Executor of the

person’s will) has to deal with the person’s estate (e.g. manage and distribute).

If you are named as executor in someone’s will, and you accept this responsibility, then you

must carry out the terms of their will when they die. This is known as administering their

estate. The first step is to apply for a grant of probate. This is the court’s official

recognition that the will is legally valid and that you have the authority to deal with the

estate.

Generally this will involve:

Identifying and collecting in all assets of the deceased;

Paying any outstanding debts and necessary expenditure such as funeral expenses;

and

Distributing the estate to the persons entitled to it.

However, if:

the deceased did not leave a Will;

the Executor named in the Will cannot take up the role; or

there is a Will but an executor is not named in it;

a lawfully entitled person may apply to the Court for a Grant of representation.

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Grants of representation

A Grant of probate or letters of administration are legal documents issued under the Seal of

the Court which enables the person(s) named as Executor(s) or Administrator(s) to deal

with the assets held by the deceased in Tasmania. It allows money of the deceased held in

banks or other financial institutions to be collected and property to be sold or transferred

and debts to be paid. The Grant is proof, that the person named in the Grant is entitled to

collect and distribute the estate of the deceased.

The most common grants of representation issued by the Court

Probate

Probate is the process of officially proving the validity of a will as being the last will of the

deceased. A Grant of Probate is issued when the deceased’s last will and testament is

proved by one or more Executors named in the will. For further information please refer to

the Information Kit for Probate.

Letters of Administration (with the will annexed)

This is generally granted when the deceased has left a valid Will but the person named as

Executor cannot or will not apply for a Grant. The Grant will generally be made in favour of

the person who has priority to administer the estate, as set out in Probate Rule 21

Letters of Administration

If a person dies without a Will or any Will made is not valid, the Court may issue a Grant of

Letters of Administration. In most instances the Grant is made to the next of kin of the

deceased, as set out in Probate Rule 22.

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OVERVIEW OF PROCESS__________________________________________________

This Information Kit can be used as a guide on how to apply for a grant of probate. The

Information Kit is not intended to be a substitute for legal advice but as a basic guide to the

application process. It is recommended that when applying to obtain a grant of probate that you contact the Law Society of Tasmania on 6234 4133 or by visiting their webpage

http://lst.org.au/ if you wish to seek legal advice.

Applying for a grant

1. Read this Information Kit.

2. Visit our website http://www.supremecourt.tas.gov.au/probate_and_administration.

3. Download and complete the following application forms:

a. For Letters of Administration (with the Will annexed):

i. Notice of Intention to apply for Letters of Administration (Form I)

ii. Administrators Oath (with the Will annexed) (Form XXV)

iii. Short Form Affidavit (IIIA)

iv. Administrators Bond (IV) if the deceased died prior to 13 October

2015

b. For Letters of Administration:

i. Notice of Intention to apply for Letters of Administration (Form 1)

ii. Administrators Oath (XXII)

iii. Short Form Affidavit (Form IIIA)

iv. Administrators Bond (IV) if the deceased died prior to 13 October

2015

Visit http://www.supremecourt.tas.gov.au/probate_and_administration/procedure to

download the application forms in Word format (which will allow you to modify the

forms before printing them out). See also the sample forms at page 20 onwards.

4. Obtain the necessary supporting documents:

a. covering letter (including postal address, email and telephone number);

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b. original Will (if appropriate) (do not remove staples or bindings at any time);

c. double-sided photocopy of the Will (if appropriate) (please do not staple

this);

d. original Record of Death (Death Certificate);

Note: other supporting documents may be required, for example: a certified copy of

the deceased’s divorce certificate or marriage certificate or further affidavits;

5. Lodge the forms and supporting documents at the Supreme Court Probate Registry.

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COMPLETING AND SIGNING APPLICATION DOCUMENTS___________

Tips for completing your application documents:

1. The application documents, including the Oath and Short Form Affidavit must be typed, not handwritten.

2. If the deceased died before 13 October 2015 the applicant must be a resident of

Tasmania in order to apply. If the deceased died on or after 13 October 2015 a

non-resident of Tasmania has the right to apply for a grant.

3. The applicant must be aged 18 years or more.

4. The applicant must advise whether or not there is a minor who has an interest in the

estate. Full details of any minor must be included in the oath e.g. full name, address

and age. If there is a minor, the application for a grant must be made by at least two

people.

5. If you are making an application for Letters of Administration, where there is no will,

the Registry requires the Administrators Oath to contain evidence about the

applicant’s search for a will. At a minimum, the applicant must state in paragraph 3

of the Oath that:

a. They have made or caused to be made a search of the deceased’s home and

personal papers for a Will and did not find a Will;

b. They have made or caused to made enquiries with the Public Trustee and

Tasmanian Perpetual Trustees Limited to see if they hold a Will for the

deceased and have been advised that they do not;

c. They have placed or caused to be placed an notice in the Tasmanian Law

Weekly (administered by the Law Society of Tasmania – who can be

contacted on (03) 6234 4133) asking if any Tasmanian law firms hold a Will

for the deceased and have received no response to the notice; and

d. Details of any other enquiries that the applicant has undertaken that would

be reasonable in the circumstances.

6. The true legal name of the deceased should be used and consistent across the

documents. If it is not, the discrepancy must be explained in the application

documents.

For example, if the name of the deceased appears as JOE BLOGGS in the

Will but as JOE JIM BLOGGS in the Record of Death, then it should be

stated in the application documents, wherever the name of the deceased

appears: “JOE JIM BLOGGS (in the Will called JOE BLOGGS)”.

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7. The date of death should be consistent across the documents. If it is not, the

discrepancy must be explained in the application documents. The exact date of

death, where it is known, must be stated in the application documents. If the date of

death is uncertain the application documents should recite two dates.

For example: “...died between 14 January 2015 and 16 January 2015”.

8. If you are making an application for Letters of Administration (with the Will

annexed) and an Executor is named in the Will, that Executor must be ‘cleared off’,

in the Oath, by the Administrators who are applying.

If an Executor is deceased:

For example: “…the sole executor named in the said Will and the deceased’s

eldest son, JEFFREY BLOGGS predeceased the deceased on 5 May 1984; that

we are the only other sons of the said deceased and the only ultimate

residuary beneficiaries named in the said Will.”

If an Executor does not wish to apply, or is unable to apply:

For example: “…the sole executor named in the said Will and the deceased’s

accountant, JAMES SMITH, renounced all his right, title and interest to

Probate and Letters of Administration of the said deceased; that we are the

only sons of the said deceased and the ultimate residuary beneficiaries named

in the said Will.””.

9. It is common for more than one person to be lawfully entitled to apply as

Administrator. In these circumstances, all persons with an equal right to apply, who

wish to accept the role, must apply for the grant. However, only a maximum of 4

people can apply for a grant.

If an administrator is deceased they must be “cleared off”, in the Oath, by the

Administrators who are applying.

For example in paragraph 5 of the Oath: “There is no prior or equal right for

the grant of letters of administration in the state of Tasmania of the

deceased; the deceased did not have a spouse within the meaning of the

Intestacy Act 2010; the deceased had two children; I am a child of the

deceased; the deceased only other child, JEFFREY BLOGGS predeceased the

deceased on 5 May 1984.”

An administrator who does not wish to apply, or is unable to apply, must also be

“cleared off”, by the Administrators who are applying.

For example in paragraph 5 of the Oath: “There is no prior or equal right for

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the grant of letters of administration in the state of Tasmania of the

deceased; the deceased did not have a spouse within the meaning of the

Intestacy Act 2010; the deceased had two children; I am a child of the

deceased; the deceased only other child, JEFFREY BLOGGS renounced all his

right, title and interest to Letters of Administration of the said deceased.”

The executor who does not wish to apply must also complete and sign a document

stating that they renounce their right to be an executor under the will (or they

reserve leave to apply for probate at a later date). The original Renunciation or

Notice to Reserve Leave must be filed with the application documents.

The Registrar will not issue a grant until all the executors are accounted for.

Renunciation:

http://www.supremecourt.tas.gov.au/practice_and_procedure/forms/forms_a-z/r

Notice to Reserve Leave:

http://www.supremecourt.tas.gov.au/practice_and_procedure/forms/non_prescribed

The administrator who does not wish to apply must also complete and sign a

document stating that they renounce their right to be an administrator (or they

consent to the other administrator making application). The original Renunciation

or consent must be filed with the application documents.

The Registrar will not issue a grant until all the administrators with a prior or equal

right to apply are accounted for.

Renunciation:

http://www.supremecourt.tas.gov.au/practice_and_procedure/forms/forms_a-z/r

Consent:

http://www.supremecourt.tas.gov.au/practice_and_procedure/forms/forms_a-z/r

10. The marital status of the deceased should be consistent across the documents. The marital status of the deceased, as at date of death, is significant. Divorce and

marriage can have consequences on the validity of the deceased’s Will depending on

the date they occurred:

Divorce:

If the deceased was divorced before 1 March 2009, and the Will was made prior to

the divorce, then the Will is totally revoked (unless the Will states that it is being

made in contemplation of that divorce).

If the deceased was divorced after 1 March 2009, the Wills Act 2008 states that any

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Will in existence at the time the marriage ended is altered by that divorce (unless

the Will states that it is being made in contemplation of divorce). In these

circumstances, the will is taken to be altered as follows:

any bequest to the deceased’s former spouse is revoked;

the appointment of the former spouse to a position as executor, trustee or

guardian or any other position of power is revoked unless the position is

exclusively in favour of the children of the relationship.

Marriage:

If the deceased married before 1 March 2009, and the deceased’s Will was made

prior to that date, and the testator has married after executing that Will, then the

Will is revoked in full upon marriage (unless the Will states that it is being made in

contemplation of that marriage).

If the deceased married after 1 March 2009 any Will is revoked upon marriage

(unless the Will states that it is being made in contemplation of that marriage).

However, the following are not revoked:

a bequest to the spouse to whom the deceased was married at the time of death;

or

any appointment of the spouse as an executor, trustee or guardian.

The above rules concerning divorce and marriage apply in the same manner to any

personal relationship which was registered under the Relationships Act 2003, or

which was later revoked.

11. Completing the inventory marked “A” annexed to the Short Form Affidavit

a. The affidavit refers only to assets that are in Tasmania. Therefore only

Tasmanian assets and liabilities should be listed in the inventory.

Note: an application for Probate to administer estate assets in another State or

Territory or overseas may require a Probate application in that place or a reseal of

the Tasmanian Grant in that place;

b. The assets and liabilities listed should be either solely owned by the deceased,

or held as tenants in common.

If assets are listed that are owned by the deceased as a tenant in common,

the deceased’s share in the property should be specified.

e.g. “1/2 share in property at 1 Smith Street, Smithfield, Tasmania as tenant in

common in equal shares”

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c. The inventory should include sufficient detail of the assets for proper

identification.

e.g. bank account numbers should be provided.

d. Superannuation or life insurance should only be listed in the inventory if the

funds are to be paid to the estate.

If Superannuation or life insurance is to be paid to a beneficiary under a

binding nomination, or at the trustee of the superfunds discretion, such funds

should not be listed in the Inventory of the Short Form Affidavit.

If you are not sure if the funds are to be paid to the estate, please contact the

relevant superannuation fund or life insurance company for clarification.

Signing your application documents:

12. In the case of an application for Letters of Administration (with the Will annexed),

before you arrange to sign the documents the following exhibit clause must be

handwritten on the back of the original Will:

This is the paper writing referred to in the Administrators Oath of ………………

[insert name of Administrator] sworn before me this …. day of ………20…..

…………………………………. ……………………..

Justice of the Peace/Solicitor Administrator

DO NOT make any other alterations to the Will, this includes:

stapling documents to the Will; or

removing staples from the Will.

If the Registrar believes that the Will has been altered in any way (including removing

pages from it) you may be required to file additional affidavits to prove that it has not

been tampered with or the Registrar may refuse to issue a Grant and an application

to a judge may be required.

13. Before you arrange to sign the documents please also ensure that the following

annexure clause is handwritten on the proof or original Notice of Intention:

This is the annexure marked “A” referred to in the Administrators Oath of

……………… [insert name of Administrator] sworn before me this …. day of

………20…..

…………………………………. ……………………..

Justice of the Peace/Solicitor Administrator

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14. The jurat (signature section) of the document must be completed with the place of

signing and the date of signing.

15. The exhibit clause on the Will and the annexure clause on the inventory page

annexed to the Short Form Affidavit must be dated the same day as the jurat

(signature section).

16. The Administrators Oath and Short Form Affidavit must be signed in the presence of

a Justice of the Peace or Solicitor.

17. The Administrator and witness must sign the jurat (signature section) of the

Administrators Oath and Short Form Affidavit and also the exhibit clause and

annexure clauses.

18. If an Administrator’s Bond is required, the Administrator must sign in documents in

the presence of a Justice of the Peace and ensure the Bond is witnessed by the same

person who witnesses the Administrator’s Oath;

Finding a Justice of the Peace

You can locate a Justice of the Peace by contacting the Legal Aid Commission on 1300 366

611 or by visiting http://www.tsjpi.asn.au/find.html.

Note: a Justice of the Peace will often be available at the Probate Registry or at other

Supreme Court Registries around the state.

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FILING YOUR APPLICATION DOCUMENTS_______________________________

Letters of Administration (with the Will annexed) application checklist

DOCUMENT

1. Covering letter

2. Administrators Oath (with the Will annexed)

(Form XXV)

3. Notice of intention to apply (Form 1)

4. Original Will

5. Double-sided photocopy of the Will

6. Original Record of Death (Death Certificate)

7. Short Form Affidavit (Form IIIA)

8. Administrators Bond (Form IV) (if the deceased

died prior to 13 October 2015)

Letters of Administration application checklist

DOCUMENT

1. Covering letter

2. Administrators Oath (Form XXV)

3. Notice of intention to apply (Form 1)

4. Original Record of Death (Death Certificate)

5. Short Form Affidavit (Form IIIA)

6. Administrators Bond (Form IV) (if the deceased

died prior to 13 October 2015)

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You can file your application in person, by attending at the Probate Registry at the Supreme

Court of Tasmania. Alternatively your application may be posted to:

Probate Registry Supreme Court of Tasmania

GPO Box 167

HOBART TAS 7001

It is recommended that you send your application via registered post to increase the chance

of secure delivery.

Certified copies

Please note that once filed the original Will and Record of Death will be retained by the

Probate Registry as part of its official records.

You may wish to arrange for certified copies of both documents to be made before filing.

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FEES______________________________________________________

Filing and other fees apply to all applications in the Probate registry.

The fees are available on our website at: http://www.supremecourt.tas.gov.au/probate_and_administration/probate_fees

The filing fee may be paid either at the time of making the application or alternatively, once

the grant has been signed by the Registrar, a letter will be sent to the applicant requesting

payment.

It is only once payment has been received by the Registry that the grant will be posted to

you.

Payment can be made by:

Cash

Please ensure that cash is hand delivered.

Money order, bank or firm cheque (made payable to the Supreme Court of

Tasmania)

Please ensure that money orders or cheques are either hand delivered or posted to:

Probate Registry

Supreme Court of Tasmania

GPO Box 167

HOBART TAS 7001

Credit card

Please attend at the Probate Registry to pay by credit card or alternatively call us on (03)

6165 7456 or (03) 6165 7434 or email us at probate@supremecourt.tas.gov.au.

Electronic funds transfer (EFT)

Please ensure that, if paying by EFT, remittance advice is emailed to:

probate@supremecourt.tas.gov.au.

Our details are:

Bank: Westpac

Account Name: Department of Justice Operating Account

BSB: 037-001

Account Number: 267793

Reference: the deceased’s name

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LEGAL RESOURCES_______________________________________________________

Further information about probate applications is available on our website

http://www.supremecourt.tas.gov.au/probate_and_administration. The following are links to

relevant legislation, rules and court forms:

Administration and Probate Act 1935

Probate Rules

Who is entitled to apply for Letters of Administration (with the Will

annexed) and the order of priority is set out in Probate Rule 21.

Who is entitled to apply for Letters of Administration and the order of priority is set out in Probate Rule 22.

21 Priority of right to grant, where will (amended by SR 2012 No 59) Where the deceased died leaving a will, the priority of right to a grant of administration with the will annexed where

there is no executor who proves shall be as follows: a) residuary legatees or devisees in trust; b) residuary legatees or devisees for life;

c) ultimate residuary legatees or devisees, or, where the residue is not wholly disposed of, the person entitled upon an Intestacy;

d) the legal personal representative of persons indicated in paragraph (c);

e) legatees, or devisees, or creditors; f) contingent residuary legatees, or devisees, or contingent legatees or devisees, or persons having no interest in

the estate who would have been entitled to a grant had the deceased died wholly intestate;

g) the Crown.

22 Priority of right to grant where no will (substituted by SR 2010 No 157 on 1 January 2011)

(1) In this rule – “spouse” has the same meaning as in the Intestacy Act 2010.

(2) Where a person has died wholly intestate, the priority of right to a grant of administration is to be as follows:

a) a spouse of the deceased;

b) children of the deceased; c) the issue of any child of the deceased, if –

a. the child of the deceased has failed to survive the deceased person; and b. the issue is entitled to a share of the deceased person’s estate taking per stirpes;

d) parents of the deceased; e) brothers and sisters of the deceased, whether or not they share one or both parents; f) the issue of any brother or sister of the deceased, if –

a. the brother or sister has failed to survive the deceased person; and b. the issue is entitled to a share of the deceased person’s estate taking per stirpes;

g) grandparents of the deceased;

h) aunts and uncles of the deceased; i) the issue of any aunt or uncle of the deceased, if –

a. the aunt or uncle has failed to survive the deceased person; and

b. the issue is entitled to a share of the deceased person’s estate taking per stirpes; j) the State; k) creditors of the deceased.

(3) A person is not entitled to a grant of administration unless he or she has survived the deceased person according to the rules of survivorship within the Intestacy Act 2010.

(4) For the purposes of a priority of right to a grant of administration under this rule, an adopted child and his or her family relationships are to be determined in accordance with section 10 of the Intestacy Act 2010.

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Supreme Court Rules 2000, Part 32, Division 6

Intestacy Act 2010

Probate Forms

Testators Family Maintenance Act 1912

Wills Act 2008 Will Act 1992 (as at 28 February 2009)

Please note that the probate registry cannot give legal advice.

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CONTACTING THE PROBATE REGISTRY_________________________________

Before contacting the Probate Registry it is recommended that you read this Information

Kit.

Applicants are responsible for ensuring that all paperwork is complete and accurate before

lodging it with the Court.

If you are having difficulties with your application then you should seek legal advice from a

lawyer.

Staff:

Assistant Deputy Registrar

Probate Supervisor

Probate Registry Administration Officer

Opening hours:

9 am – 4:30 pm

Monday – Friday

Location:

Probate Registry

Supreme Court of Tasmania

5 Salamanca Place

Hobart Tasmania

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Telephone number:

General Enquiries 1300 664608

International telephone calls: + 61 3 followed by the last eight digits of the number.

Postal Address:

Probate Registry

Supreme Court of Tasmania

GPO Box 167

HOBART TAS 7001

Email Address:

probate@supremecourt.tas.gov.au

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SAMPLE FORMS_________________________________________________________

The following sample application forms are attached in the following pages:

Letters of Administration (with the Will annexed)

1. Notice of Intention to apply for Letters of Administration (Form I);

2. Administrators Oath (with the Will annexed) (Form XXV);

3. Short Form Affidavit (IIIA); and

4. Administrators Bond (IV) if the deceased died prior to 13 October 2015

Letters of Administration

1. Notice of Intention to apply for Letters of Administration (Form I);

2. Administrators Oath (Form XXII);

3. Short Form Affidavit (IIIA); and

4. Administrators Bond (IV) if the deceased died prior to 13 October 2015

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LETTERS OF ADMINISTRATION (WITH THE WILL ANNEXED)

FORM I

Administration and Probate Act 1935

NOTICE OF INENTION TO APPLY FOR LETTERS OF ADMINISTRATION

Notice is hereby given that, after the expiration of 14 days from the publication

hereof, application will be made to the Supreme Court of Tasmania in its Ecclesiastical

Jurisdiction that letters of administration of the estate of JOE BLOGGS of 12 Smith Lane

Smithfield Tasmania, fisherman/single, deceased, intestate, may be granted to JIM

BLOGGS of 45 William Street Williamstown Tasmania, teacher/married the son of the

said deceased.

Dated this 1st day of February 2017

[Signature of Applicant or his Solicitor]

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FORM XXV

Administration and Probate Act 1935

ADMINISTRATOR'S OATH (WITH THE WILL ANNEXED)

In the Supreme Court of Tasmania, Ecclesiastical Jurisdiction.

In the estate of JOE BLOGGS of 12 Smith Lane Smithfield Tasmania, fisherman/single,

deceased.

I, JIM BLOGGS of 45 William Street Williamstown Tasmania, teacher/married, make

oath and say that;

I believe the paper writing now produced to and signed by me to contain the true and

original last will and testament of JOE BLOGGS of 12 Smith Lane Smithfield Tasmania,

fisherman/single, deceased, who died on the who died on the 30th day of June 2015 at

Hobart in Tasmania;

that the said deceased did not in his said will name any executor;

that no minority or life interest arises under the said will;

that I am the son of the said deceased and the residuary legatee named in the said will;

that I hereby make application for the grant of letters of administration of the estate in the

State of Tasmania of the said deceased;

that notice of intention to make this application, a true copy of which is hereunto annexed

and marked “A”, was duly published in the Gazette on 1st day of February 2017 and in the

Mercury newspaper on the 1st day of February 2017;

that I will administer according to law all the estate which by law devolves to and vests in

the personal representative of the said deceased;

that I will exhibit a true and perfect inventory of the said estate, and render a just and true

account thereof whenever required by law so to do;

and that the short form affidavit lodged herewith fully sets forth the assets and liabilities of

the said estate.

Sworn by JIM BLOGGS )

At WILLIAMSTOWN in TASMANIA )

This 16th day of February 2017 ) ………………………………………

Signature of person sworn

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Before me ………………………………………

Signature of witness

………………………………………

Justice of the Peace/Solicitor (details)

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Form IIIA

Administration and Probate Act 1935

SHORT FORM AFFIDAVIT

In the Supreme Court of Tasmania,

Ecclesiastical Jurisdiction.

In the estate of JOE BLOGGS of 12 Smith Lane Smithfield Tasmania, fisherman/single,

deceased.

I, JIM BLOGGS of 45 William Street Williamstown Tasmania, teacher/married make

oath and say that:

1. That the said JOE BLOGGS of 12 Smith Lane Smithfield Tasmania,

fisherman/single, deceased died on the 30th day of June 2015 at Hobart in

Tasmania aged 78 years.

2. That the Inventory annexed hereto signed by us and marked "A” contains true

statements of all and singular the real and personal estate in Tasmania of or to which

the above named deceased was at the time of his death possessed or entitled, and

that after due inquiry we believe that the values set forth in the Inventory are fair

and reasonable at the date of swearing this affidavit and that the liabilities therein

stated are justly due thereon.

3. That in the event of the discovery of any additional assets or amounts we will advise

the Registrar.

Sworn by JIM BLOGGS )

At WILLIAMSTOWN in TASMANIA )

This 16th day of February 2017 ) ………………………………………

Signature of person sworn

Before me ………………………………………

Signature of witness

………………………………………

Justice of the Peace

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“A” This is the Inventory marked "A" referred to in the annexed Affidavit of JIM BLOGGS sworn before me on

the 16th day of February 2017

………………………………… …………………………………

Signature of person sworn Signature of Justice of the Peace

In the Estate of JOE BLOGGS of 12 Smith Lane Smithfield Tasmania/fisherman,

single, deceased.

Inventory

Assets Value ($)

Commonwealth Bank account #0000 0000 $200,000.00

Toyota Ute 2010 model registration #0000 $5,000.00

40 AMP shares at $30.00 per unit (as at date of death) $1,200.00

RBF superannuation (payable to the estate) $120,000.00

Property at 3 Jones Street, Smithfield Tasmania

(Certificate of Title #0000/00)

(as per government valuation)

$185,000.00

Total $511,200.00

Liabilities Value ($)

Commonwealth Bank credit card #0000 0000 $9,500.00

Total $9,500.00

Net Total $501,700

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Form IV

Administration and Probate Act 1935

ADMINISTRATORS BOND

In the Supreme Court of Tasmania,

Ecclesiastical Jurisdiction.

Know all me, by these presents, that I, JIM BLOGGS of 45 William Street Williamstown

Tasmania, teacher/married am jointly and severally bound unto the Registrar of the

Supreme Court of Tasmania, in the sum of Five Hundred and Eleven Thousand Two

Hundred dollars ($511,200.00) of good and lawful money, to be paid to the said Registrar,

for which payment well and truly to be made I bind myself, for the whole, our executors

and administrators, firmly by these presents.

Sealed with my seal

Dated the 16th day of February 2017

The condition of this obligation is such that, if the abovenamed JIM BLOGGS of 45

William Street Williamstown Tasmania, teacher/married, the lawful son and only person

entitled to the estate of JOE BLOGGS of 12 Smith Lane Smithfield Tasmania,

fisherman/single, deceased, who died on the 30th day of June 2015, and the intended

administrator of all the estate which by law devolves to and vests in the personal

representative of the said deceased, does, when lawfully called on in that behalf, make, or

cause to be made, a true and perfect inventory of the said estate which has or shall come to

the hands, possession, or knowledge of the said intended administrator, and the same so

made does exhibit, or cause to be exhibited, into the Registry of the Supreme Court of

Tasmania, whenever required by law so to do: And the said estate does well and truly

administer according to law, and further does make, or cause to be made, a just and true

account of his administration, whenever required by law so to do.

Signed, sealed and delivered by

the within-named JIM BLOGGS ……………………………………..

in the presence of Signature of Administrator

…………………………………….. Signature of Justice of the Peace

LETTERS OF ADMINISTRATION

FORM I

Administration and Probate Act 1935

27

NOTICE OF INENTION TO APPLY FOR LETTERS OF ADMINISTRATION

Notice is hereby given that, after the expiration of 14 days from the publication hereof, application will be made to the Supreme Court of Tasmania in its Ecclesiastical

Jurisdiction that letters of administration of the estate of JOE BLOGGS of 12 Smith Lane

Smithfield Tasmania, fisherman/single, deceased, with the will annexed, may be granted

to JIM BLOGGS of 45 William Street Williamstown Tasmania, teacher/married the

son of the said deceased.

Dated this 1st day of February 2017

[Signature of Applicant or his Solicitor]

FORM XXII

Administration and Probate Act 1935

ADMINISTRATOR'S OATH

28

In the Supreme Court of Tasmania,

Ecclesiastical Jurisdiction.

In the estate of JOE BLOGGS of 12 Smith Lane Smithfield Tasmania, fisherman/single,

deceased.

I, JIM BLOGGS of 45 William Street Williamstown Tasmania, teacher/married, make

oath and say that;

1. The personal details of the deceased are as follows:

Surname: BLOGGS

Given names: JOE

Last residential address: 12 Smith Lane Smithfield Tasmania

Last known occupation: Fisherman

Marital/ Relationship status: Married

Date and place of death: 30th day of June 2015 at Hobart in

Tasmania

2. My personal details are as follows:

Surname: BLOGGS

Given names: JIM

Residential address: 45 William Street Williamstown Tasmania

Occupation: Teacher

Relationship to the deceased: Son

3. The deceased died without leaving a will.

a. I have made a search of the deceased’s home and personal papers for a

Will and did not find a Will;

b. I have made enquiries with the Public Trustee and Tasmanian Perpetual

Trustees Limited to see if they hold a Will for the deceased and have

been advised that they do not;

c. I have placed a notice in the Tasmanian Law Weekly asking if any

Tasmanian law firms hold a Will for the deceased and have received no

response to the notice.

4. No minority interest arises under the intestacy.

5. There is no prior or equal right for the grant of letters of administration of the

estate in the State of Tasmania of the deceased. The deceased did not have a

29

spouse within the meaning of the Intestacy Act 2010. I am the only child of

the deceased.

6. I make application for the grant of letters of administration of the estate in the

State of Tasmania of the deceased.

7. I am the only person entitled to share in the estate of the deceased.

8. Notice of intention to make this application, a true copy of which is annexed and

marked “A” was published in the Gazette on 1 February 2017 and in the

Mercury newspaper on1 February 2017.

9. I will administer according to law all the estate which by law devolves to and vests

in the personal representative of the deceased.

10. I exhibit a true and perfect inventory of the real and personal estate of the

deceased which is set forth on the Short Form Affidavit lodged with this Oath

and, in the event of finding that the Short Form Affidavit is inaccurate or

incomplete, will provide a further affidavit correcting any inaccuracy or deficiency.

11. I will render a just and true account of the real and personal estate of the

deceased whenever required by law so to do.

Sworn by JIM BLOGGS )

At WILLIAMSTOWN in TASMANIA )

This 16th day of February 2017 ) ………………………………………

Signature of person sworn

Before me ………………………………………

Signature of witness

………………………………………

Justice of the Peace/Solicitor (details)

30

Form IIIA

Administration and Probate Act 1935

SHORT FORM AFFIDAVIT

In the Supreme Court of Tasmania,

Ecclesiastical Jurisdiction.

In the estate of JOE BLOGGS of 12 Smith Lane Smithfield Tasmania, fisherman/single,

deceased.

I, JIM BLOGGS of 45 William Street Williamstown Tasmania, teacher/married make

oath and say that:

1. That the said JOE BLOGGS of 12 Smith Lane Smithfield Tasmania,

fisherman/married, deceased died on the 30th day of June 2015 at Hobart in

Tasmania aged 78 years.

2. That the Inventory annexed hereto signed by us and marked "A” contains true

statements of all and singular the real and personal estate in Tasmania of or to which

the above named deceased was at the time of his death possessed or entitled, and

that after due inquiry we believe that the values set forth in the Inventory are fair

and reasonable at the date of swearing this affidavit and that the liabilities therein

stated are justly due thereon.

3. That in the event of the discovery of any additional assets or amounts we will advise

the Registrar.

Sworn by JIM BLOGGS )

At WILLIAMSTOWN in TASMANIA )

This 16th day of February 2017 ) ………………………………………

Signature of person sworn

Before me ………………………………………

Signature of witness

………………………………………

Justice of the Peace

31

“A” This is the Inventory marked "A" referred to in the annexed Affidavit of JIM BLOGGS sworn before me on

the 16th day of February 2017

………………………………… …………………………………

Signature of person sworn Signature of Justice of the Peace

In the Estate of JOE BLOGGS of 12 Smith Lane Smithfield Tasmania,

fisherman/single, deceased.

Inventory

Assets Value ($)

Commonwealth Bank account #0000 0000 $200,000.00

Toyota Ute 2010 model registration #0000 $5,000.00

40 AMP shares at $30.00 per unit (as at date of death) $1,200.00

RBF superannuation (payable to the estate) $120,000.00

Property at 3 Jones Street, Smithfield Tasmania

(Certificate of Title #0000/00)

(as per government valuation)

$185,000.00

Total $511,200.00

Liabilities Value ($)

Commonwealth Bank credit card #0000 0000 $9,500.00

Total $9,500.00

Net Total $501,700

32

Form IV

Administration and Probate Act 1935

ADMINISTRATORS BOND

In the Supreme Court of Tasmania,

Ecclesiastical Jurisdiction.

Know all me, by these presents, that I, JIM BLOGGS of 45 William Street Williamstown

Tasmania, teacher/married am jointly and severally bound unto the Registrar of the

Supreme Court of Tasmania, in the sum of Five Hundred and Eleven Thousand Two

Hundred dollars ($511,200.00) of good and lawful money, to be paid to the said Registrar,

for which payment well and truly to be made I bind myself, for the whole, our executors

and administrators, firmly by these presents.

Sealed with my seal

Dated the 16th day of February 2017

The condition of this obligation is such that, if the abovenamed JIM BLOGGS of 45

William Street Williamstown Tasmania, teacher/married, the lawful son and only person

entitled to the estate of JOE BLOGGS of 12 Smith Lane Smithfield Tasmania,

fisherman/single, deceased, who died on the 30th day of June 2015, and the intended

administrator of all the estate which by law devolves to and vests in the personal

representative of the said deceased, does, when lawfully called on in that behalf, make, or

cause to be made, a true and perfect inventory of the said estate which has or shall come to

the hands, possession, or knowledge of the said intended administrator, and the same so

made does exhibit, or cause to be exhibited, into the Registry of the Supreme Court of

Tasmania, whenever required by law so to do: And the said estate does well and truly

administer according to law, and further does make, or cause to be made, a just and true

account of his administration, whenever required by law so to do.

And if it shall hereafter appear that any last will or testament was made by the said

deceased, and the executor or other person therein named do exhibit the same unto the

said Court, making request to have it allowed and approved accordingly, if the said intended

administrator being thereunto required does render and deliver the said letters of

administration (approbation of such testament being first had and made) in the said Court,

then this obligation to be void, and of none effect, or else to remain in full force and virtue.

Signed, sealed and delivered by

the within-named JIM BLOGGS ……………………………………..

in the presence of Signature of Administrator

…………………………………….. Signature of Justice of the Peace