​Probate Rule, Form and Procedure Changes

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Rule Changes

Rule 4A

Wholesale rule changes will be implemented in 2019. In the interim, on 11 October 2018 Supreme Court of South Australia Probate Rules 2015 (Amendment No 1) was gazetted (see page 3802) and became operative, inserting a new Rule 4A.

Rule 4A states:

4A E-filing

(1)​​The Registrar of the Supreme Court may establish, maintain and amend from time to time an electronic filing system for the creation, filing, execution, authentication, issue, service and/or management of court documents in probate matters (probate documents) governed by these Rules (the PEFS).
(2) The Registrar may by notice published on the Supreme Court website determine the date on which the PEFS is to commence and may from time to time vary that date (the operative date).

(3) The Registrar may determine that in preparation for the commencement of the PEFS, unless the Court or the Registrar otherwise orders:

(a) no probate document instituting a new proceedings is to be accepted for filing by the Registry under the pre-electronic filing system (the manual filing system) after a date determined by the Registrar which date may be varied by the Registrar from time to time (the new proceedings cut off date) and/or

(b) no document in an existing proceeding is to be accepted for filing by the Registry under the manual filing system after a date determined by the Registrar which date may be varied by the Registrar from time to time (the existing proceedings cut off date).

(4) On and after the operative date, unless the Court or the Registrar otherwise orders, no probate document is to be accepted for filing by the Registry other than via the PEFS.

(5) On and after the operative date, the Registrar or the PEFS may require, as a condition of acceptance for filing of a document in a proceeding instituted before the operative date, unless the Court or the Registrar otherwise orders, all documents previously filed in the proceeding under the manual filing system be re-filed in the PEFS.

(6) Compliance with the PEFS as determined by the Registrar shall unless the Court or the Registrar otherwise orders be deemed to be compliance with these Rules and where applicable with the Supreme Court Civil Rules 2006.

(7) The Court or the Registrar may give directions in a matter about the implementation and operation of the PEFS and the transition from the manual filing system to the PEFS.

Practice Note Summary

Additionally, Practice Notes published on 16 November 2018​ address specific rule changes.

The following table outlines the effect of these Rule changes and Practice Notes.

Rule Effect of Practice Note Comment
Rule 6 – Applications for Grants through Practitioners Suspended Paper applications are no longer accepted.
Rule 7 – Personal Applications Varied Personal applicants should follow the instructions provided in the online forms
Rule 8(1) – Disclosure of Assets and Liabilities Varied You do not provide an affidavit of Assets and Liabilities or provide Registrar’s Certificates. You input the details of the assets and liabilities into the form. CourtSA will automatically generate a Statement of Assets and Liabilities and any Registrar’s Certificates you have requested.
Rule 8(3) - Disclosure of Assets and Liabilities Varied A new system of making additional disclosure and correcting inaccurate disclosure both before and after a grant has issued is being designed. It is not available yet. In the interim complete Form 56 in hard copy and lodge this at the Registry and a Word version by email. If it appears that any additional fee is payable that will be done at the counter. You will be notified by email when any Registrar’s Certificates are ready to be retrieved from the Portal.
Rule 9(2) – Grant Suspended You do not provide a draft grant form. CourtSA will automatically generate a Grant form at the time of issue.
Rule 11 – Oath in Support of Grant Suspended You do not provide an Executor’s Oath. For the time being there will continue to be an Administrator’s Oath for Letters of Administration (whether with or without a Will).
Rule 12(2)-(6) – Description of Testator in Oath Varied This Rule is varied to the extent that it refers to an Executor’s Oath, which is no longer required.
Rule 13 – Description of Executor in Oath Suspended This Rule does not apply as Executor’s Oaths are not provided. However, Rule 14 Description of Administrator will continue to apply as long as there is an Administrator’s Oath.
Rule 15 – Marking of Wills Varied You still mark the Will (even though there is no Executor’s Oath). It is suggested you mark the Will when you take instructions.
Rule 21 – Evidence as to the Date of Execution of Will Suspended This Rule is suspended.
Rule 28(1) – Evidence as to death and/or date of death Varied You do not certify the copy of the Death Certificate. It only needs to be scanned and uploaded.
Rule 29(1)(j), 29(3) and 29(5) – Documents Suspended Documents do not need backsheets.
Rule 30(6) – Affidavits Suspended The distinction between annexures and exhibits is irrelevant.
Rule 41(1) – Grants limited to Trust Property Varied It is no longer necessary to swear in an oath that the deceased died possessed of property as a trustee only, as these details are captured in the Assets and Liabilities section of the grant application form.The Will or deed creating the trust must be uploaded with the grant application.
Rule 47 – Grants to Trust Corporations Varied It is no longer necessary for the officer of the trust corporation to swear in the oath to his or her authority.The certified copy of the resolution or list of authorised persons must be uploaded with the grant application.
Rule 49(1) – Renunciations before Application Varied The relevant form must be uploaded with the online Renunciation Application in CourtSA.
Rule 49(2) – Uplift after Renunciation Suspended The online form tells you what to do.
Rule 49(5) – Production of Grant where non-proving Executor wishes to renounce Varied Only paper grants need to be produced. Copies of electronic grants issued from 26 November do not need to be produced.
Rule 50(2) – Oath for re-seal Suspended You do not need an oath, an affidavit of assets and liabilities or Registrar’s Certificates. You still need to lodge the original Grant (or exemplification).
Rule 51(1) – Amendment or Revocation Varied You are able to apply for amendment or revocation of grants. The form tells you how.
Rules 52-56 – Citations Varied You do not have to submit draft citations for settling.
Rule 58(1) – Appearance to Citation or Warning Varied Appearance to Citations are lodged through CourtSA. The form tells you how.
Rule 61(1) – Subpoenas Varied Amendments or Revocations of Grants, Caveats, Citations and Subpoenas are lodged through CourtSA. The form tells you how. You do not have to come to the Registry and wait while someone checks your documents. You do not have to submit draft citations for settling.
Rule 77 – Title of Summonses Suspended Summons applications are done through CourtSA. This involves filling out existing forms and uploading scanned copies. An updated process will be introduced at a later date.
Rule 80(2) An additional practice note dealing with the proviso to Rule 80(2) (judicial advice book) will be issued.
Rule 88 – Forms Varied All applications are made through CourtSA. The table of Forms sets out the changes to existing forms​.
Rule 90 – Title of Statutory Will Applications Suspended The title of proceedings are automatically generated by CourtSA.

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Form Changes

Existing Court Forms

The following table identifies the changes to existing Court forms.

Existing Court Form Status
Form 01 - Affidavit of due execution No Change
Form 02 - Affidavit of plight and condition and finding No Change
Form 03 - Affidavit as to alias – Will No Change
Form 04 - Affidavit as to alias – Intestacy No Change
Form 05 - Affidavit of identity – Name changed since will No Change
Form 06 - Affidavit of identity – Name in will incorrect No Change
Form 07 - Affidavit to withdraw will deposited under s 6 or s 7 of the Wills Act 1936 No Change
Form 08 - Affidavit to withdraw will deposited with renunciation No Change
Form 09 - Affidavit verifying the translation of will or other document No Change
Form 10 - Affidavit of service of warning and of search and non-appearance No Change
Form 11 - Affidavit of service of citation and of search and non-appearance No Change
Form 12 - Affidavit of service of a subpoena No Change
Form 13 - Affidavit to lead to citation to accept or refuse probate No Change
Form 14 - Affidavit to lead to citation to accept or refuse administration No Change
Form 15 - Affidavit to lead to citation against executor to whom leave No Change
Form 16 - Affidavit to lead to citation calling on an executor who has intermeddled in an estate to take probate No Change
Form 17 - Affidavit to lead to citation to propound a will No Change
Form 18 - Affidavit to lead to citation to bring in grant No Change
Form 19 - Affidavit to lead to citation to see proceedings No Change
Form 20 - Affidavit to lead to subpoena to bring in testamentary document No Change
Form 21 - Affirmation of affidavit No Change
Form 22 - Affidavit No Change
Form 23 - Subpoena to bring in testamentary document Automatically generated by CourtSA as part of completing the CourtSA Originating Application Form
Form 24 - Citation to accept or refuse probate Replaced with CourtSA Add Citation Form
Form 25 - Citation to accept or refuse administration Replaced with CourtSA Add Citation Form
Form 26 - Citation against executor to whom leave has been reserved to accept or refuse double probate Replaced with CourtSA Add Citation Form
Form 27 - Citation calling on an executor who has intermeddled in an estate to take probate Replaced with CourtSA Add Citation Form
Form 28 - Citation to propound a will Replaced with CourtSA Add Citation Form
Form 29 - Citation to bring in probate – Another will set up Replaced with CourtSA Add Citation Form
Form 30 - Citation to bring in probate – Intestacy alleged Replaced with CourtSA Add Citation Form
Form 31 - Citation to bring in letters of administration – Will set up Replaced with CourtSA Add Citation Form
Form 32 - Citation to bring in letters of administration – Administrator alleged not to be entitled Replaced with CourtSA Add Citation Form
Form 33 - Citation to see proceedings Replaced with CourtSA Add Citation Form
Form 34A - Summons – without notice Replaced with CourtSA Originating Application Form
Form 34B - Inter partes summons Replaced with CourtSA Originating Application Form
Form 34C - Summons brought pursuant to s 7 of the Wills Act 1936 and rule 92 for an order authorising the making of a will for a person lacking testamentary capacity Replaced with CourtSA Originating Application Form
Form 35 - Consent of proposed executor to act No change
Form 36 - Grant Replaced with CourtSA Grant Application Form
Form 37 - Executor’s oath No longer required
Form 38 - Executor’s oath for double probate No change
Form 39 - Executor’s oath after order pronouncing for a will in solemn form No change
Form 40 - Certificate of execution to accompany will to be deposited under s 13 of the Act No change
Form 41 - Executor’s declaration to obtain probate where will deposited under s 13 of the Act No change
Form 42 - Oath of administrator with the will annexed No change
Form 43 - Oath of administrator with the will annexed de bonis non No change
Form 44 - Oath of administrator No change
Form 45 - Oath of administrator de bonis non No change
Form 46 - Oath of administrator pendente lite No change
Form 47 - Renunciation of probate No change
Form 48 - Renunciation of probate by a trust corporation No change
Form 49 - Renunciation of letters of administration with the will annexed No change
Form 50 - Renunciation of letters of administration with the will annexed to the syndic of a company not authorised by statute to apply for probate No change
Form 51 - Renunciation of letters of administration No change
Form 52 - Oath to lead re-seal of grant No Change
Form 53 - Advertisement for the re-sealing of grant No Change
Form 54 - Inventory of real and personal property in the State of South Australia No Change
Form 55 - Affidavit of assets and liabilities Automatically generated by CourtSA as part of completing the CourtSA Grant Application Form
Form 56 - Affidavit of additional (or inaccurately described) assets and liabilities No change
Form 57 - Certificate of disclosure Registrar’s certificate Automatically generated by CourtSA as part of completing the CourtSA Grant Application Form
Form 58 - Official certificate of grant No longer required
Form 59 - Power of attorney No change
Form 60 - Caveat Automatically generated by CourtSA as part of completing the CourtSA Probate Caveat Form
Form 61 - Warning to caveat Replaced with CourtSA Add Warning Form
Form 62 - Appearance to warning or citation Automatically generated by CourtSA as part of completing the CourtSA Add Warning Form
Form 63 - Appearance to summons No change
Form 64 - Caveat against allowance of commission No change
Form 65 - Notice of appeal from decision of the Registrar of Probates No change
Form 66 - Estate and administration accounts under s 56 of the Act No change
Form 67 - Will authorised under s 7 of the Wills Act 1936 No change
Form 68 - Notice of change of practitioner No change
Form 69 - Notice of intention of executor or administrator to act in person No change
Form 70 - Judicial advice book application No change

New CourtSA Forms

The following table identifies new CourtSA forms.

These are forms that you input data into either to lodge a case in CourtSA (a primary lodgement) or perform a secondary action on the case (secondary lodgement). Both primary and secondary lodgement forms are smart forms.

New CourtSA Online Court Forms Primary or Secondary Lodgement
CourtSA Grant Application Form Primary
CourtSA Discontinue Grant Form Secondary
CourtSA Application to Amend or Revoke Grant Form Secondary
CourtSA Originating Application Form Primary
CourtSA Response to Application Form Secondary
CourtSA Proof of Service Form Secondary
CourtSA Notice of Discontinuance Form Secondary
CourtSA Application to Amend or Revoke Grant (Rule 9) Form Secondary
CourtSA Renunciation Application Form Primary
CourtSA Application to Uplift Will Form Secondary
CourtSA Probate Caveat Form Primary
CourtSA Renew or Withdraw Caveat Form Secondary
CourtSA Add Warning Form Secondary
CourtSA Add Citation Form Secondary
CourtSA Add Appearance (to Warning or Citation) Form Secondary
CourtSA Probate Subpoena Form Primary
CourtSA Will Deposit Form Primary
CourtSA Application to Uplift Will Form Primary

New CourtSA Generated Documents

The following table identifies new CourtSA Generated documents.

These are forms that CourtSA automatically generates at various times in the case as a result of the information you provide in the CourtSA Forms (in the table above).

CourtSA Generated Documents Generated by Completing (when certain options are selected)
CourtSA Appearance to Citation Add Citation Form
CourtSA Appearance to Warning CourtSA Add Warning Form
CourtSA Certificate of Application to Amend ​ CourtSA Application to Amend or Revoke Grant Form
CourtSA Certificate of Application to Renounce CourtSA Renunciation Application Form
CourtSA Certificate of Application to Revoke Grant CourtSA Application to Amend or Revoke Grant Form
CourtSA Certificate of Application to Uplift Will CourtSA Application to Uplift Will Form
CourtSA Certificate of Caveat CourtSA Probate Caveat Form
CourtSA Certificate of Discontinuance CourtSA Notice of Discontinuance Form
CourtSA Citation CourtSA Add Citation Form
CourtSA Grant CourtSA Grant Application Form
CourtSA Notice as to Disclosure of Assets CourtSA Grant Application Form
CourtSA Notice of Resealing of Grant CourtSA Grant Application Form
CourtSA Order CourtSA Originating Application Form
CourtSA Re-Sealed Grant CourtSA Grant Application Form
CourtSA Registrar’s Certificate CourtSA Grant Application Form
CourtSA Response to Originating Application CourtSA Response to Application Form
CourtSA Statement of Assets and Liabilities CourtSA Grant Application Form
CourtSA Subpoena CourtSA Probate Subpoena Form
CourtSA Warning to Caveat CourtSA Add Warning Form
CourtSA Original Will or Grant Coversheet CourtSA Grant Application Form
CourtSA Withdrawal of Caveat CourtSA Renew or Withdraw Caveat Form​

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Procedure Changes

The procedures for conducting business with the Probate Registry will change following the introduction of CourtSA.

In summary, since 26 November 2018:

  • the Probate Registry will not accept paper lodgements;
  • all Probate Registry lodgements must be made online using CourtSA;
  • lodgements must be made using CourtSA forms and, where identified, any additional necessary documents scanned and uploaded to the form or case;
  • information provided in lodgement applications is used by CourtSA to generate the case and court documents (at relevant times in the case);
  • payment of fees must be made by credit card;
  • paper grants and other court documents are not issued, an electronic grant is issued and available on the case;
  • communication between parties and the Probate Registry is primarily online through CourtSA and by email; and
  • executors are no longer be required to provide sworn evidence upon making an application. The online form requires the applicant or their solicitor to verify that the information is true and accurate. The Chief Justice has also asked the Attorney General to consider creating new offences for giving a Court misleading or false information and abusing the electronic system.

You can find more information about the process for applying for probate or administration here. The information below is intended to explain how CourtSA Will be used in these procedures.

Information about complex grant applications and other probate applications​.

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Telephone the CourtSA Registry Services

p: +61 8 82042444
enquiry@courts.sa.gov.au
8:30am – 5:00pm (Monday – Friday)

Postal Address

1 Gouger Street
Adelaide, South Australia, 5000

Physical Address

Higher Courts Registry, Sir Samuel Way Building,
241-259 Victoria Square Adelaide South Australia 5000

Opening Hours:

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