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Contents (1970 - 01)
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Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 27 April 2017 at 09:20)
Part 78 Division 9 Subdivision 2
Subdivision 2 Notice to apply for probate
55   Notice to apply for probate
(cf former Part 78, rule 52)
(1)  For the purposes of section 69 of the Probate and Administration Act 1898, any person may require a named executor to take probate, as referred to in that section.
(2)  Such a requirement must be made by filing and serving on the person concerned a notice to apply for probate.
 This notice, a “notice to apply for probate”, was formerly referred to as a “citation to take probate”.
56   Time for answer to notice
(cf former Part 78, rule 54)
The time limited for answer to a notice to apply for probate is:
(a)  in the case of service within New South Wales, 14 days,
(b)  in the case of service outside New South Wales, 28 days.