Tuesday, 5 November 2013

Notice to apply for administration
136 http://www.ucprforms.lawlink.nsw.gov.au/ucprforms/index.html

Form 136 (version 2)
SCR Part 78 rule 53
SCR Form 109
NOTICE TO APPLY FOR ADMINISTRATION
COURT DETAILS
Court
Supreme Court of New South Wales
Division
Equity
List
Probate
Registry
Sydney
Case number
NOT APPLICABLE
TITLE OF PROCEEDINGS

The estate of [name of deceased]

Late of:

PREPARED BY DETAILS

#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.  (name of deceased) late of (place) died at (place) on (date).
2.  (Name of person issuing notice) believes that the deceased died without leaving a will or document purporting to embody the testamentary intentions of the deceased (or where applicable he believes that the deceased left a will, a copy of which is annexed and marked “A”).
3.  # (where applicable) No executor was appointed by the will (or where applicable (name) the executor appointed by the will has renounced probate or where applicable (name) the executor appointed by the will died on (date)).
4.  (Name of person issuing notice) is (state relationship to the deceased) of the deceased (or where applicable he is a beneficiary under the will or where applicable he is a creditor of the deceased).
This notice requires you to apply for administration of the estate of the deceased. If you wish to comply with this notice you must—
1.  within 14 days after service on you of this notice (or if this notice is served on you outside New South Wales within 28 days after service of it on you) file in the registry of the Supreme Court of New South Wales an answer stating that you intend to apply to the Court for a grant to you of administration of the estate of the deceased; and
2.  With reasonable promptness commence proceedings in this Court for a grant to you of administration of the estate of the deceased and pursue those proceedings diligently.
If you do not comply with this notice the Court may grant administration of the estate of the deceased to (name) without further notice to you in your absence.

.
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 PERSON SERVING THIS NOTICE

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
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
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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