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
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COURT DETAILS
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Court
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Supreme Court of New South Wales
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Division
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Equity
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List
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Probate
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Registry
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Sydney
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Case number
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TITLE OF PROCEEDINGS
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The estate of [name of deceased]
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Late of:
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FILING DETAILS |
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Filed for
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[name/s] plaintiff[s]
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#Legal representative
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[solicitor on record] [firm]
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#Legal representative reference
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[reference number]
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Contact name and telephone
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[name] [telephone]
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Contact email
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[email address]
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To:
(Name)
(Address)
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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.
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.SIGNATURE
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#Signature
of legal representative
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#Signature
of or on behalf of party if not legally represented
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Capacity
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[eg plaintiff, solicitor on record,
contact solicitor]
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Date of
signature
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FURTHER DETAILS ABOUT THE
INTENDING PLAINTIFF
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Plaintiff
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Name
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Address
[The filing party must give the party's address.] |
#[unit/level number]
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#[building name]
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[street number]
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[street name]
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[street type]
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[suburb/city]
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[state/territory]
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[postcode]
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#[country (if not Australia)]
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#Frequent user identifier
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[include
if the plaintiff is a registered frequent user]
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#Contact details for plaintiff acting in person
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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]
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#[building name]
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[street number]
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[street name]
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[street type]
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[suburb/city]
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[state/territory]
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[postcode]
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Telephone
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#Fax
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Email
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#Legal representative for intending plaintiff
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Name
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[name of solicitor on record]
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Practising certificate number
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Firm
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[name of firm]
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#Contact solicitor
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[include
name of contact solicitor if different to solicitor on record]
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Address
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#[unit/level number]
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#[building name]
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[street number]
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[street name]
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[street type]
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[suburb/city]
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[state/territory]
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[postcode]
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DX address
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Telephone
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Fax
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Email
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Electronic service address
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[#email address for electronic
service eg service@emailaddress.com.au #Not applicable]
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