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Supreme Court Rules (Amendment No 368) 2002
Supreme Court Rules (Amendment No 368) 2002
under the
Supreme Court Act 1970
The Supreme Court Rule Committee made the following rules of court under the
Supreme Court Act 1970 on 21 October 2002.
Steven Jupp
Secretary of the Rule Committee
Explanatory note
The object of these Rules is to consolidate 3 existing forms for caveats relating to
probate matters into a single caveat form.
1 Name of Rules
These Rules are the Supreme Court Rules (Amendment No 368)
2002.
2 Amendment of Supreme Court Rules 1970
The Supreme Court Rules 1970 are amended as set out in
Schedule 1.
Schedule 1 Amendments
(Rule 2)
[1] Schedule F, Forms 114,115 and 115A
Omit the Forms. Insert instead:
Form 114
P. 78, rr 61, 62, 62A
CAVEAT
| In the Supreme Court | Estate of (name) |
| of New South Wales | late of (place), (occupation) |
Equity Division
Probate
I require that: (1)
(a) (Rule 61) (2)
no grant of probate or reseal be made in the estate of (name)lateof
(place), (occupation) who died on (date of death) without prior notice to
me.
or
(b) (Rule 62) (3)
any will (or where applicable, the will dated (date)(or otherwise identify
the will)) of (name)late of(place), (occupation) who died on (date of
death) be proved in solemn form.
Or
(c) (Rule 62A) (4)
no grant be made in the estate of (name)late of(place), (occupation)who
died on (date of death) unless I am given the opportunity to be heard on
the question of whether a declaration as to the Court’s satisfaction under
s18A of the Wills, Probate and Administration Act 1898 shouldbe made in
respect of a document made by the deceased.
My interest is: (state this)
Caveator: (name, address and occupation)
Caveator’s address for service (Part 9 rule 6)
Lodged: (date)
(signature)
Caveator’s solicitor
Notes
(1) Delete whichever of (a), (b) or (c) is inapplicable. As to the
procedures applicable to the type of caveat filed, see Divisions 5B, 6,
8, 9 and 10 of Part 78.
(2) This paragraph is appropriate where the caveator wishes to make a
general objection to grant or reseal.
[2] Schedule F, Index
Omit the matter relating to Forms 114, 115 and 115A from the Index of
Forms at the end of Schedule F.
Insert instead:
(3) This paragraph is appropriate where the caveator wishes to put the
admissibility of the will beyond doubt or where the only issue is
whether the will was executed in accordance with the formal
requirements for execution of wills. A person requiring proof in
solemn form may not raise issues such as testamentary capacity,
undue influence or fraud but may examine witnesses, and raise
questions, as to the proper execution of the will.
(4) This paragraph is appropriate where the only issue is whether an
appropriate declaration should be made under section 18A of the
Wills, Probate and Administration Act 1898 (which relates to
testamentary documents and amendments to testamentary
documents which are not executed in accordance with the formal
requirements of the Act).
114. Caveat in respect of grant of probate or proof of will (P. 78, rr 61,
62, 62A)
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