Tuesday, 5 November 2013

Consent to distribution of gift
133 http://www.ucprforms.lawlink.nsw.gov.au/ucprforms/index.html

Form 133 (version 2)
SCR Part 78 rule 40
(SCR Form 106B)
CONSENT TO DISTRIBUTION OF GIFT
COURT DETAILS
Court
Supreme Court of New South Wales
Division
Equity
List
Probate
Registry
Sydney
Case number

TITLE OF PROCEEDINGS

The estate of [name of deceased]

Late of:

FILING DETAILS

Filed for
[name/s] plaintiff[s]
#Legal representative
[solicitor on record] [firm]
#Legal representative reference
[reference number]
Contact name and telephone
[name] [telephone]
Contact email
[email address]


DECLARATION OF CONSENT
Name

Address

Occupation

Date

I declare:
I would benefit directly from the avoidance of the beneficial gift or disposition given or made by the will dated (date) of (name of deceased) to (name of interested witness). My benefit would have been (specify the benefit).
I am over 18 years of age. I am not an undischarged bankrupt.
I have not assigned or encumbered any interest that I may have in the estate of the deceased.
I consent to the distribution of the gift according to the will.
.
Signature of person giving consent

Signature of witness





AFFIDAVIT OF WITNESS TO CONSENT
Name

Address

Occupation

Date

I [#say on oath #affirm]:
1. The above document was signed in my presence on (date) by (name).
2. The signatures are respectively that of (name of person consenting) and my signature.
#SWORN #AFFIRMED at

Signature of deponent

Name of witness

Address of witness

Capacity of witness
[#Justice of the peace #Solicitor #Barrister #Commissioner for affidavits #Notary public]
And as a witness, I certify the following matters concerning the person who made this affidavit (the deponent):
1. #I saw the face of the deponent. [OR, delete whichever option is inapplicable]
#I did not see the face of the deponent because the deponent was wearing a face covering, but I am satisfied that the deponent had a special justification for not removing the covering.1
2. #I have known the deponent for at least 12 months. [OR, delete whichever option is inapplicable]
#I have confirmed the deponent’s identity using the following identification document:


Identification document relied on (may be original or certified copy)2

Signature of witness

1 [The only "special justification" for not removing a face covering is a legitimate medical reason (at April 2012).]

2 ["Identification documents" include current driver licence, proof of age card, Medicare card, credit card, Centrelink pension card, Veterans Affairs entitlement card, student identity card, citizenship certificate, birth certificate, passport or see Oaths Regulation 2011 or JP Ruling 003 - Confirming identity for NSW statutory declarations and affidavits, footnote 3.]

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