South Australia
Supreme Court (Probate Fees) Regulations 1999
under the Supreme Court Act 1935

Contents
1	Short title
4	Interpretation
5	Fees
Schedule—Fees
Legislative history

1—Short title
These regulations may be cited as the Supreme Court (Probate Fees) Regulations 1999.
4—Interpretation
In these regulations, unless the contrary intention appears—
Act means the Administration and Probate Act 1919;
Registrar means the Registrar of Probates and any acting or a deputy Registrar of Probates;
Registry means the office of the Registrar of Probates.
5—Fees
	(1)	The fees set out in the Schedule are payable as specified in the Schedule.
	(2)	The fees payable for inspection or copying of material under section 131 of the Supreme Court Act 1935 are the appropriate fees set out in the Schedule.

Schedule—Fees

Grants			
1	On lodging an application for—		
		(a)	a grant of probate or administration	$565	
		(b)	the sealing of a grant under section 17 of the Act	$565	
		(c)	an order under section 9 of the Public Trustee Act 1995	$565	
	Note—
This fee covers—
	•	photocopies required of the will or other document (if any) for the grant and record or other purposes;
	•	preparing and sealing any probate or letters of administration, with or without the will annexed, and any order to the Public Trustee to administer;
	•	sealing any probate or letters of administration, with or without the will annexed, exemplification or other document under section 17 of the Act.		
Miscellaneous dealings with grants			
2	On lodging an application to amend a grant or for noting on a grant that the deceased died domiciled in South Australia if not so noted when the grant was issued (inclusive fee)	$47.50	
3	On lodging 2 certified photocopies of an order under the Inheritance (Family Provision) Act 1972 for annexation to the grant and for the record (inclusive fee)	$47.50	
4	On lodging an application to revoke or impound a grant (inclusive fee)	$47.50	
Copies			
5	For a photographic copy of a will or extract of a will or other document—for each photographic sheet supplied	$2.20	
6	For impressing a seal of the court on a copy	$21.40	
	Note—
This fee is not payable where the fee under clause 8 is payable.		
7	For the Registrar's certificate in verification of a copy	$21.40	
8	For an exemplification of probate or letters of administration, with or without the will annexed (in addition to the fee under clause 5)	$47.50	
Caveats			
9	For the entry or withdrawal of a caveat, for a warning to a caveat or for service of a warning to a caveat sent by the Registrar through the post	$19.70	
Appearances			
10	On entering an appearance—for 1 or more persons	$34.25	
Citations and subpoenas			
11	For sealing a citation or a subpoena	$19.70	
Searches			
12	For a search for a will or other document filed in the Registry and the issue of a search copy (inclusive fee)	$11.60	
	and, in addition, for handling a search by post—in respect of each will or other document	$1.15	
Deposit and withdrawal of wills			
13	For depositing the will of a deceased person in the Registry—		
		(a)	for safe custody on renunciation of executor (inclusive fee)	$19.70	
		(b)	under the Crown Lands Act 1929 (inclusive fee)	$19.70	
14	For depositing the will or codicil of a living person for safe custody in the Registry under section 13 of the Act (inclusive fee)	$65	
15	On withdrawal of a will under section 15 of the Act (inclusive fee)	$32	
Inquiry by Registrar			
16	For the examination of a person or witness before the Registrar for the purpose of an inquiry or investigation—for each hour or part of an hour	$82	
Settling documents			
17	For perusing and settling citations, advertisements, oaths, affidavits or other documents—per document	$24.90	
	Note—
This fee is not payable on an application under section 16 of the Act.		
Originating applications			
18	On sealing an originating summons, presenting a petition (other than a petition for an order under section 9 of the Public Trustee Act 1995) or filing a notice of motion or other originating application	$166	
19	For sealing any other summons	$32	
	Note—
This fee is not payable where the fee under clause 1 is payable.		
20	On lodging an application for an order admitting to proof a nuncupative will, a will contained in a copy, a completed draft, a reconstruction or other evidence of its contents	$166	
21	Hearing in chambers or in court where the hearing occupies more than 10 hours—for every additional period of 5 hours or part of 5 hours	$82	
	Note—
The fees under clauses 18, 19 and 20 cover any necessary document, affidavit or search, any interlocutory summons and the entering and sealing of any judgment, decree or order given or made in court or in chambers.		
Miscellaneous			
22	For filing a renunciation after the issue of a grant by an executor to whom leave was reserved (inclusive fee)	$32	
23	For—		
		(a)	a certificate under the hand of the Registrar	$19.70	
		(b)	filing or depositing an affidavit or document in the Registry	$5.90	
		(c)	sealing an order of the court or the Registrar (inclusive fee)	$32	
	Note—
These fees are not payable where the certificate or the filing, deposit or sealing of the order is included in an application or proceeding for which another fee is payable.		
24	For administering an oath, taking an affirmation, superintending and attesting execution of a bond, or for taxing or moderating a bill of costs	The fees prescribed by the Supreme Court (Fees) Regulations 1999	
	Note—
The fee payable in respect of a document of foreign origin that is not strictly of a type referred to in this Schedule is that payable in respect of the document specified in this Schedule to which, in the opinion of the Registrar, the foreign document most closely corresponds.		

Legislative history
Notes
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Revocation of regulations
The Supreme Court (Probate Fees) Regulations 1999 were revoked by Sch 3 cl 2 of the Supreme Court Regulations 2005 on 1.7.2005.
Legislation revoked by principal regulations
The Supreme Court (Probate Fees) Regulations 1999 revoked the following:
Supreme Court (Probate Fees) Regulations 1987
Principal regulations and variations
Year	No	Reference	Commencement	
1999	66	Gazette 27.5.1999 p2825	1.7.1999: r 2	
2000	61	Gazette 25.5.2000 p2717	1.7.2000: r 2	
2001	48	Gazette 31.5.2001 p1949	1.7.2001: r 2	
2002	86	Gazette 20.6.2002 p2583	1.7.2002: r 2	
2003	86	Gazette 29.5.2003 p2228	1.7.2003: r 2	
2004	58	Gazette 27.5.2004 p1470	1.7.2004: r 2 	
Provisions varied
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
rr 2 and 3	omitted under Legislation Revision and Publication Regulations 2002	1.7.2004	
r 5	substituted by 48/2001 r 3	1.7.2001	
Sch before substitution by 58/2004	varied by 61/2000 r 3(a)—(r), (t)—(v)	1.7.2000	
	varied by 48/2001 r 4	1.7.2001	
	varied by 86/2002 r 3	1.7.2002	
	varied by 86/2003 r 4	1.7.2003	
cl 22	deleted by 61/2000 r 3(s)	1.7.2000	
Sch	substituted by 58/2004 r 4	1.7.2004