Tuesday, 5 November 2013

Notice of intended application for administration where there may be a de facto spouse or domestic partner
128 http://www.ucprforms.lawlink.nsw.gov.au/ucprforms/index.html

Form 128 (version 2)
SCR Part 78 rules 21(3) and 22(3)
(SCR Form 103B)

NOTICE OF INTENDED APPLICATION FOR ADMINISTRATION WHERE THERE MAY BE A #DE FACTO SPOUSE #DOMESTIC PARTNER
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]
To: (Name)
(Address)
After 14 days from the date of service of this notice on you, an application for a grant of administration of the estate of the deceased will be made by (name). There is a claim that the deceased left a #de facto spouse #or domestic partner, (name). Served on you with this notice are—
(a)  affidavits setting out facts relating to the #de facto relationship #or domestic partnership claimed and other matters;
(b)  an affidavit showing the assets and liabilities of the estate and the persons who are entitled in distribution of the estate and who would, if the deceased had not left a #de facto spouse #or domestic partner have been so entitled.
If you do not oppose the application, the Court may grant administration to the applicant who may then be at liberty to distribute in due course to the #de facto spouse #or domestic partner the estate or part of the estate to which she (or he) is entitled.
If the deceased did not leave a #de facto spouse #or domestic partner and you were entitled to the estate or part, you may have been entitled to a grant of administration of the estate of the deceased.
.SIGNATURE
#Signature of legal representative

#Signature of or on behalf of party if not legally represented

Capacity
[eg plaintiff, solicitor on record, contact solicitor]
Date of signature


FURTHER DETAILS ABOUT THE INTENDING PLAINTIFF
Plaintiff
Name

Address
[The filing party must give the party's address.]
#[unit/level number]
#[building name]
[street number]
[street name]
[street type]
[suburb/city]
[state/territory]
[postcode]
#[country (if not Australia)]
#Frequent user identifier
[include if the plaintiff is a registered frequent user]
#Contact details for plaintiff acting in person
Address for service
[The filing party must give an address for service. This must be an address in NSW unless the exceptions listed in UCPR 4.5(3) apply. State "as above" if the filing party’s address for service is the same as the filing party's address stated above.]
#as above
#[unit/level number]


#[building name]
[street number]
[street name]
[street type]
[suburb/city]
[state/territory]
[postcode]
Telephone

#Fax

Email

#Legal representative for intending plaintiff
Name
[name of solicitor on record]
Practising certificate number

Firm
[name of firm]
#Contact solicitor
[include name of contact solicitor if different to solicitor on record]
Address
#[unit/level number]
#[building name]
[street number]
[street name]
[street type]
[suburb/city]
[state/territory]
[postcode]
DX address

Telephone

Fax

Email

Electronic service address
[#email address for electronic service eg service@emailaddress.com.au #Not applicable]


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