Probate
3. Notice of Application
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 16 Aug 2015
- Before you apply for probate you must publish a notice of intended application. You will need to arrange for your lawyer to publish this notice on the online register or you can register to do so yourself. This is a new process. From 21 January 2013 all notices are required to be published on the online register.
- The notice will need to include the following items:
- the court in which a summons for probate is to be filed for example 'in the Supreme Court of New South Wales Equity Division Probate List';
- that an application for probate will be made 14 days from the date of publication of the notice;
- the identify the deceased person, their occupation and their area of residence for example “the will dated 17 October 2010 of JOHN JAMEO late of Eastwood New South Wales, project manager;”
- the full names of all executors for example “the application will be made by Phillip James Jameo and Rhonda May Jameo;” and
- a statement with respect to creditors and who the creditors should contact for example “creditors are required to send particulars of their claims upon his estate to Restorative Law Practice, 370 – 376 Church Street, Parramatta, New South Wales 2150.”
- You will also need to write to all the beneficiaries under the will notifying them that you are applying for a grant of probate and will contact them regarding their inheritance in due course.
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