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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.
Further guidance on applying for a grant and information about probate and grants can be found on the Queensland Courts website.
The basic layout of the Notice of Intention derives from Form 103, which seeks to accommodate application for the three main grant types:
The wording in Form 103 may also be used to draft notices of intention to apply for a reseal of grant of probate or notices to creditors.
Form 103 takes the following recommended* form:
After 14 days from today an application for a grant of [insert the type of grant being applied for] Probate of the Will dated [date of the will] OR Letters of Administration with the Will dated [date of the will] OR Letters of Administration on Intestacy [where there is no will]
of [insert Deceased’s name, including known aliases]
late of [insert last known address(es) of Deceased]
deceased will be made by [insert name of Applicant(s)] to the Supreme Court at [insert the Supreme Court registry where the application will be made to] Brisbane/Townsville/Cairns/Rockhampton.
You may object to the grant by lodging a caveat in that registry.
[OPTIONAL: insert a Creditors’ Notice or this paragraph if applying for Probate only] Any person having any claim against the estate (whether as creditor, beneficiary or otherwise) must send particulars of that claim to the undersigned within six weeks after the date of publication of this Notice, after which date, pursuant to section 67 of the Trusts Act 1973, the Applicant(s) will distribute the estate of the deceased having regard only to the claims of which the Applicant(s) has/have notice.
Lodged by: [insert name and address of Applicant(s) OR name and address of solicitor]
* The additional text as highlighted above is of a general nature only and does not factor in any specific circumstances. The information provided is a guide only and does not seek to replace legal advice.
After 14 days from today an application for a grant of Probate of the Will dated 1 January 2012, First Codicil dated 24 February 2016 and Second Codicil dated 25 August 2017, 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).
After 14 days from today an application for a grant of letters of administration of the Will dated 1 January 2012 of DAVID JOHN DOE late of Bupa Residential Aged Care Glenvale, 357-383 McDougall Street, Toowoomba, formerly of 95A North Quay, Brisbane, in the State of Queensland deceased will be made by JOHN JAMES ROE and JANE DEAR to the Supreme Court at Townsville.
You may object to the grant by lodging a caveat in that registry.
All creditors and other persons having a claim against the estate of the deceased are required to send particulars of their claim to the applicant’s solicitor within 6 weeks from the date of publication of this notice.
Lodged by: DEF FIRM, Solicitors, 95C North Quay, Brisbane, Qld 4000.
After 14 days from today an application for letters of administration on intestacy of JANE COE (also known as JANE MARIE COE) late of 95 Queen Street, Yeppoon, in the State of Queensland deceased will be made by MARY SMITH to the Supreme Court at Rockhampton.
You may object to the grant by lodging a caveat in that registry.
Lodged by: MARY SMITH, 95 Queen Street, Yeppoon, Qld 4703.
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*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). The information you are required to include in your Notice may vary from case to case. The sample notices above and the forms provided through the ICLRQ Online Customer Portal should be used as a guide only, and they do not cover all the various situations that can arise when applying for a grant of probate or letters of administration. The ICLRQ is unable to offer legal advice or assistance in the drafting of notices to be advertised in the QLR. Please seek independent legal advice from a legal practitioner if your particular circumstances present concerns with the process of applying for a grant to administer an estate. |
From 24 November 2017, you will only need to advertise your notice of intention to apply for grant in the Queensland Law Reporter (“QLR”) (and not in a newspaper). This change in the advertising requirements for the application of grants came into effect by virtue of s 252 of the Court and Civil Legislation Amendment Act 2017, which amended s 67 of the Trusts Act 1973.
The QLR is an approved publication under r 599(2) of the Uniform Civil Procedure Rules 1999 and Supreme Court Practice Direction 14 of 2017 for giving public notice of intention to apply for a grant of probate or letters of administration. The notice of intention 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 at the Supreme Court.
Advertising requests for the publication of Probate Notices in the QLR can be lodged through the ICLRQ Online Customer Portal.
You can also click here for more information on how to advertise in the QLR.