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Trusts, Equity and Probate List
The following types of proceedings should be initiated in the Trusts, Equity and Probate List:
- Applications for grants of representation that are referred by the Registrar of Probates to the Judge in Charge;
- Caveat proceedings where a summons for directions has been filed pursuant to rule 8.07 of the Supreme Court (Administration and Probate) Rules 2014;
- Applications for limited grants, including grants of letters of administration, ad colligendum bona, ad litem, pendente lite, durante dementia or durante minore aetate;
- Applications for revocation of grants of representation, rectification of a will, construction of a will, and other proceedings pursuant to the Wills Act 1997;;
- Applications pursuant to section 63(1) of the Trustee Act 1958 that are not appropriate for the Commercial Court;
- Applications for judicial advice pursuant to rule 54.02 of the Supreme Court (General Civil Procedure) Rules 2015 that are not appropriate for the Commercial Court;
- Applications pursuant to the Charities Act 1978; and
- Applications for equitable remedies, including the declaration of equitable interests in property, that are not appropriate for the Commercial Court;
- Other proceedings arising under the Administration and Probate Act 1958 (excluding proceedings arising under Part IV).
Note that applications under Part IV of the Administration and Probate Act 1958 should be initiated in the Testators Family Maintenance List.
Judge in Charge
The Honourable Justice McMillan
Associate Judge in Charge
The Honourable Associate Justice Derham
Management of cases
Practice Note SC CL 6 provides detailed guidance on how proceedings in the Trusts, Equity and Probate List are managed, including information on:
- Proceedings suitable for inclusion in the List
- Procedures for entry into the List
- Pre-trial management and instructions on how to obtain a first hearing date
- Preparation of consent orders
- Urgent applications
Please refer to the Guidelines for Standard Orders for further information on preparing proposed orders for proceedings in the List.
All other correspondence with the Court in relation to Trusts, Equity & Probate List matters should be directed to email@example.com in the first instance. Your query will be attended to by the registry lawyer assisting in the management of the List.