Notice to apply for probate138 http://www.ucprforms.lawlink.nsw.gov.au/ucprforms/index.html

Form 138 (version 2)

SCR Part 78 rule 55

(SCR Form 111)

NOTICE TO APPLY FOR PROBATE

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
Prepared by	[name/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)

1.  (name of deceased) late of (place) died at (place) on (date).

2.  (Name of person issuing notice) believes that the deceased died leaving a will, a copy of which is annexed and marked “A”. You are (or are one of) the executor(s) appointed by the will.

3  (Name of person issuing notice) is a beneficiary under the will (or where applicable (state relationship to the deceased) or a creditor of the deceased).

This notice requires you to apply for probate of the will 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 probate of the will of the deceased; and

2.  With reasonable promptness commence proceedings in this Court for a grant to you of probate of the will of the deceased and pursue those proceedings diligently.

If you do not comply with this notice your right as an executor to represent the deceased and administer the deceased’s estate shall wholly cease. The Court may make a grant in relation to the estate of the deceased without further notice to you in your absence.

.

SIGNATURE
#Signature of legal representative
#Signature of or on behalf of person issuing notice if not legally represented
Capacity	[eg person issuing notice, 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]