The requirements for giving notice of intention to apply for probate or letters of administration are found in rr 597-599 of the Uniform Civil Procedure Rules 1999 (Qld) (‘UCPR’).
Further guidance can be found in the published texts in this field and in the fact sheet provided by the Supreme Court on its website.
The basic layout of the notice derives from Form 103, which seeks to accommodate application for the three main grant types:
Prepare and draft Form 103, which sets out the required layout of the notice.
Form 103 takes the following recommended form:
SAMPLE DRAFT NOTICE:
After 14 days from today an application for a grant of Probate of the will dated 1 January 2012 of DAVID JOHN DOE late of 95A North Quay, Brisbane, in the State of Queensland deceased will be made by JOHN JAMES ROE to the Supreme Court at Brisbane.
You may object to the grant by lodging a caveat in that registry.
Any person having any claim whether as creditor or beneficiary or otherwise must send particulars of the person’s claim to the Applicant’s Solicitors (identified below) not later than the date which is 6 weeks after the date of publication of this Notice, after which date, pursuant to s.67 of the Trusts Act 1973, the Applicant will distribute the Estate of the Deceased having regard only to the claims of which the Applicant has notice.
Lodged by: ABC SOLICITORS, 95B North Quay, Brisbane, Qld 4000 (Solicitors for the Applicant).
|NOTE: Form 103 does not seek to deal with every complication which may arise in every individual case (for example, where there are codicils to the will or where there is more than one executor or applicant). Accordingly, the appropriate form of notice to be used in each individual case is a matter for legal advice. The ICLRQ regrets that it cannot provide advice with regards to the content or the drafting of Probate notices. Please contact either the Public Trustee of Queensland or the Brisbane Supreme Court Registry at (07) 3247 4313 for further information or guidance on lodging an application for grant of probate or letters of administration.|
Arrange for the Notice to be submitted for publication – in SUFFICIENT time to meet the relevant publication deadline:
Submit your Notice for advertising in the QLR before the deadline:
Click here for more information on How to Advertise in the QLR.