The “Probate Rules” are found in the Supreme Court Rules 1970 Part 78. They provide the basic template for proceedings, both contentious and non-contentious, in which the Court’s probate jurisdiction is evoked.
The main object of the Court exercising power in the Probate Jurisdiction is the due and proper administration of the particular estate before the Court having regard to any testamentary intention of the deceased and the interest of parties beneficially entitled to the Estate.
Probate litigation is “interest litigation” in that to commence or to be party to proceedings relating to a particular estate a person must be able to show that his or her rights will or may be affected by the outcome of the proceedings
To speak with an experienced lawyer about matters involving wills and estates call Dominic Wilson on 02 8268 4000. Dominic Wilson is a Director of Craddock Murray Neumann with over 30 years of experience.