The requirements for giving notice of an application for probate or letters of administration are to be found in:
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
There are essentially four steps involved.
The first step is to correctly draft the notice in accordance with the UCPR and the requirements of Form 103.
The basic layout of the notice derives from the Form 103, which seeks to accommodates the three main forms of application:
Form 103 takes the following form:
Thus, by way of illustration, a simple notice of an application by John James Roe for the probate of the will of David John Doe could read:
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).”
Please note, however, that the Form 103 does not seek to deal with every complication which may arise in every individual case (eg cases where there are codicils to the will). Accordingly, the appropriate form of notice to be used in each individual case is a matter for legal advice. The ICLRQ regrets that it is unable to provide legal advice and so cannot assist in preparing individual notices.
The second step is to identify the correct publications in which the notice should appear.
Intent to apply for a grant of probate need only be advertised in the Queensland Law Reporter (QLR) (and not in a newspaper)
The Supreme Court introduced Practice Direction 14 of 2017 on 1 September 2017. The Practice Direction applies from the date that the amendments to section 67 of the Trusts Act 1973 (by virtue of section 252 of the Court and Civil Legislation Amendment Act 2017) are to come into effect (24 November 2017).
In addition to the amendment of section 67, we can expect that an amendment to rule 599 of the Uniform Civil Procedure Rules 1999 will also be forthcoming with the effect that future requirements in relation to advertising a notice of intention to apply for a grant will be limited to publication in the Queensland Law Reporter and not in a newspaper.
The third step is to identify the date upon which the notice should appear.
The notice must appear in an edition of the QLR published at least 14 days before the date of filing an application for probate or letters of administration.
The fourth step is to arrange for the notice to be submitted for publication – with the ICLRQ – in sufficient time to meet the publication deadline. The Practical details of how to submit the notice are in the “How to Advertise” Section of our website.