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Contents (1970 - 01)
Supreme Court Rules 1970
Current version for 6 January 2017 to date (accessed 19 November 2017 at 16:05)
Part 78 Division 3 Subdivision 1
Subdivision 1 General provisions in relation to non-contentious proceedings
7   Application of Division
This Division applies to all non-contentious proceedings.
8   Commencement of non-contentious proceedings
(cf former Part 78, rule 8)
Subject to rule 72, non-contentious proceedings are to be commenced by summons.
9   Disposal of non-contentious proceedings
(cf former Part 78, rule 9)
(1)  Non-contentious proceedings may be dealt with by the registrar in the absence of the public and without any attendance by or on behalf of any person.
(2)  Rules 6.14, 6.15 and 6.16 of the Uniform Civil Procedure Rules 2005 do not apply to the proceedings.
10   Documents to accompany application for grant of probate or administration
(1)  An application for the grant of probate or administration must be accompanied by:
(a)  2 separate sets of the following documents, each stapled together on the left hand side, in the following order:
(i)  the proposed form of the grant of probate or administration,
(ii)  if applicable, a copy of the will and any codicils,
(iii)  an inventory of the assets of the estate, and
(b)  if applicable, a certified copy of the relevant death certificate, and
(c)  a stamped self-addressed A4 envelope.
(2)  Without limiting rule 4.3 (1) of the Uniform Civil Procedure Rules 2005, archival paper may be used for the proposed form of the grant of probate.
(3)  Unless the court otherwise orders, the certified copy of the death certificate referred to in subrule (1) (b) is to be returned to the applicant when the grant of probate or administration is made.
11   Documents to accompany application for resealing of foreign grant
(1)  An application for the resealing of a foreign grant must be accompanied by:
(a)  a master set of the documents referred to in subrule (2), and
(b)  a copy of each of the documents in the master set, and
(c)  a stamped self-addressed A4 envelope.
(2)  The master set must consist of:
(a)  the document to be resealed, being:
(i)  the original grant of probate or administration, or
(ii)  an exemplification or copy of the original grant bearing the original seal of the court in which the grant was made, and
(b)  a notice of reseal, and
(c)  an inventory of the assets of the estate.
12   Supporting affidavits
In addition to the documents referred to in rule 10 (1) or 11, as the case requires, an application:
(a)  for the grant of probate or administration, or
(b)  for the resealing of a foreign grant,
must be accompanied by:
(c)  an affidavit in support containing such information as may be required by the relevant form, and Subdivisions 2 and 3, and
(d)  such additional affidavits as may be required by Subdivisions 2 and 3 if the evidence cannot be given by the deponent of the affidavit in support.
Note.
 The prescribed forms of affidavit in support of an application for probate, administration or resealing of a foreign grant are as follows:
(a)  probate—UCPR Form 118,
(b)  administration—UCPR Form 119,
(c)  administration with the will annexed—UCPR Form 120,
(d)  administration pursuant to section 91 of the Succession Act 2006—UCPR Form 122,
(e)  resealing of a foreign grant—UCPR Form 121.
13   Domicile outside New South Wales
If an application for the grant of probate or administration, or for the resealing of a foreign grant, is made in respect of a person who has died while domiciled outside New South Wales, the affidavit in support must include evidence as to:
(a)  the domicile of the deceased, and
(b)  the requirements of the law of the domicile:
(i)  as to the validity of any will made by the deceased, and
(ii)  as to the persons who may be entitled in distribution of the estate.