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NSW Queries on Probate Applications

Discussion in 'Wills and Estate Planning Law Forum' started by DadyO, 7 November 2015.

  1. DadyO

    DadyO Well-Known Member

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    Hi

    I need a copy of my father's probate application from 2008. I have a couple of questions about the application form.

    Probate forms

    There are 3 sections I'm unclear about.

    Probate file number: I don't have this and would rather not speak to the executor of will but I will if I must.
    Name of Solicitor: Is this the solicitor that made the original probate application?
    Firm name: Same as above?

    Thanks very much
     
  2. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Hi DadyO

    Probate File Number:
    As the probate was applied for in 2008 - you can try and find the Probate file number by searching for the Probate Notice in the archives of the Sydney Morning Herald, and/or local newpapers...

    "Search for a probate notice
    You can search for probate notices which were published online on or after 21 January 2013. Before this date, notices were published in The Sydney Morning Herald and/or local newspapers."

    Name of Solicitor/Firm Name:
    On this form the Name of Solicitor, and Firm Name relate to you (the applicant's) current solicitor... not the Solicitor who applied for the Probate...

    You might be completing the wrong form
    If you need a copy of the approved Probate, and "an inventory of property"... it appears to me that you are completing the wrong form... and actually need to look for the following form on the Supreme Court website:

    Application for Exemplification
    Alternatively, you can complete an "Application for Exemplification that includes: a copy of the will, the probate grant or letters of administration (available to any applicant)"; and "an inventory of property" (available to Executors and Beneficiaries only) for $58.

    This application form is available on the Court’s Website.

    Here is a link:

    http://www.supremecourt.justice.nsw.gov.au/Documents/Other Forms/application for exemplification.v3.doc

    Kind regards
     
  3. DadyO

    DadyO Well-Known Member

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    Hi James

    Thanks for the help.

    Yes I need to do the application for exemplification as I need to prove my father's death and will to a foreign jurisdiction.

    I'm not using a solicitor for the application for exemplification as it's a pretty simple request. Perhaps I should just cross out Solicitor firm: and insert beneficiary?

    Otherwise I will send an email to the probate section of the NSW Supreme Court to see if they can help.
     
  4. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Hi DadyO

    You can add (Beneficiary) next to your name, if that is the case.

    If you have no lawyer.. You can state "n/a" - i.e., not applicabile.

    Kind regards
     
    DadyO likes this.
  5. DadyO

    DadyO Well-Known Member

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    Thanks, you're a champ!
     

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