Notice to affected persons135 http://www.ucprforms.lawlink.nsw.gov.au/ucprforms/index.html

Form 135 (version 2)

SCR Part 78 rule 42

(SCR Form 106E)

NOTICE TO AFFECTED PERSONS

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] caveator
#Legal representative	[solicitor on record] [firm]
#Legal representative reference	[reference number]
Contact name and telephone	[name] [telephone]
Contact email	[email address]

To: (Name) (Address)

1.   An application for grant of probate (or administration) has been made by me (or us) in respect of the estate of the above named deceased. Copies of the Summons (or Statement of Claim) and Affidavit of Executor (or Affidavit of Applicant for Administration) are annexed and marked “A” and “B” respectively.

2.   A copy of a document purporting to embody the testamentary intentions of the deceased, which is not executed in accordance with the formal requirements of the Succession Act 2006 (or where still relevant, the Wills, Probate and Administration Act 1898), is annexed hereto and marked with the letter “C” (or as the case may be). The Court will decide whether the last mentioned document is:

(a)  a will of the deceased;

(b)  an amendment of a will of the deceased; or

(c)  the revocation of a will of the deceased.

3.   In the preceding paragraph “will” extends to a testament and to a codicil and to any appointment by will or by writing in the nature of a will in exercise of a power, and also to a disposition by will and testament or devise of the custody and tuition of any child and to any other testamentary disposition.

4.   Unless the prescribed form of notice of your appearance is received in the Registry within 14 days after service of this notice upon you (or, if this notice is served outside New South Wales and the Australian Capital Territory, within 28 days of service of this notice upon you), the Court may hear and determine the proceedings in your absence with such consequences as may ensue according to law.

5. By being served with this notice you will be bound by all orders and decisions made in the proceedings, including orders and decisions made by consent or otherwise without a contested hearing.

.6.   Upon filing an appearance you will become a defendant to the proceedings in so far as they relate to the declaration by the Court as to the effect of the document referred to in paragraph 2.

.

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 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 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]