(1) An application by the Public Trustee for an order to administer the estate of a deceased person dying testate shall be supported by an affidavit setting forth ¾

(a) the information required by rule 8, other than paragraphs (i) and (ix); and

(b) the grounds upon which the application is based.

(2) An application by the Public Trustee for an order to administer the estate of a deceased person dying intestate shall be supported by an affidavit setting forth ¾

(a) the information required by rule 9, other than paragraph (i) and paragraphs (vi) to (viii) inclusive;

(b) particulars of the persons entitled in distribution to the estate of the intestate, in so far as they are known to the Public Trustee; and

(c) the grounds upon which the application is based.

(3) An order under section 10 of the Public Trustee Act 1941, to administer the estate of a deceased person shall reserve to the Court the right to grant probate or administration to any person who shall apply therefor and who might have obtain a grant if the order had not been made.

(4) Where an order to administer the estate of a deceased person has been granted to the Public Trustee, a person who applies for probate of the will or administration of the estate of the deceased shall give at least 7 days' notice in writing to the Public Trustee of the intended application.

(5) An application to the Court under section 12 of the Public Trustee Act 1941, other than an application by the Public Trustee, shall be made by summons supported by an affidavit of the facts relied on; and copies of the summons and affidavit shall be served upon the Public Trustee at least 2 clear days before the return day.

[Rule 9A inserted in Gazette 20 October 1972 p.4160; amended in Gazette 17 October 1986 p.3894.]