SA PROBATE. May 2018 CONTENTS

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Transcription:

SA PROBATE May 2018 CONTENTS SECTION 1 User Notes MISCELLANEOUS DOCUMENTS Page SAP 00 MASTER Master File... 1 SAP 03 INFO Matter Information Sheet... 5 SAP 03 ACCT General Account... 7 SAP 03 ACCTDISB General Disbursement Account... 10 SAP 03 COVER File Cover Sheet... 12 SAP 03 FILENOTE Memo to File... 15 SAP 03 MEMO Office Memo... 16 SAP 03 STATDEC Statutory Declaration... 18 SECTION 2 GENERAL LETTERS AND FACSIMILES SAP 01 L1 Letter to Client... 1 SAP 01 L3 Letter General... 2 SAP 01 LC Letter to Court... 3 SAP 01 LBEN Letter to Beneficiary... 3a SAP 02 F1 Facsimile to Client... 4 SAP 02 F3 Facsimile General... 5 SAP 02 FC Facsimile to Court... 6 SECTION 3 FORMS SAP FORM01 Affidavit of due execution... 1 SAP FORM02 Affidavit of plight and condition and finding... 4 SAP FORM03 Affidavit as to alias - Will... 5 SAP FORM04 Affidavit as to alias - Intestacy... 6 SAP FORM05 Affidavit of identity - Name changed since will... 8 SAP FORM06 Affidavit of identity - Name incorrect in will... 9 SAP FORM07 Affidavit to withdraw will deposited under s 6 or s 7 of the Wills Act 1936... 10 SAP FORM08 Affidavit to withdraw will deposited with renunciation... 11 SAP FORM09 Affidavit verifying the translation of a will or other document... 13 SAP FORM10 Affidavit of service of warning and of search and non-appearance... 14 SAP FORM11 Affidavit of service of citation and of search and non-appearance... 16 SAP FORM12 Affidavit of service of subpoena... 17 SAP FORM13 Affidavit to lead to citation to accept or refuse probate... 18 SAP FORM14 Affidavit to lead citation to accept or refuse administration... 19 SAP FORM15 Affidavit to lead citation against exec - leave reserved to accept or refuse double probate... 21 SAP FORM16 Affidavit to lead citation calling on executor who has intermeddled in an estate to take probate... 22 Softdocs (May 2016) 1.

SECTION 3 FORMS (Continued) SAP FORM17 Affidavit to lead to citation to propound a will... 24 SAP FORM18 Affidavit to lead citation to bring in grant... 25 SAP FORM19 Affidavit to lead to citation to see proceedings... 26 SAP FORM20 Affidavit to lead subpoena to bring in testamentary document... 28 SAP FORM22 Affidavit... 29 SAP FORM23 Subpoena to bring in testamentary document... 30 SAP FORM24 Citation to accept or refuse probate... 31 SAP FORM25 Citation to accept or refuse administration... 32 SAP FORM26 Citation against executor whom leave has been reserved to accept or refuse double probate... 33 SAP FORM27 Citation calling on an executor who has intermeddled in an estate to take probate... 35 SAP FORM28 Citation to propound a will... 36 SAP FORM29 Citation to bring in probate - Another will set up... 37 SAP FORM30 Citation to bring in probate - Intestacy alleged... 38 SAP FORM31 Citation to bring in letters of administration - Will set up... 39 SAP FORM32 Citation to bring in letters of administration - Administrator alleged not to be entitled... 40 SAP FORM33 Citation to see proceedings... 41 SAP FORM34A Summons without notice... 103 SAP FORM34B Inter partes summons... 106 SAP FORM34C 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... 108 SAP FORM36 Grant... 43 SAP FORM37 Executor's oath... 45 SAP FORM38 Executor's oath for double probate... 48 SAP FORM39 Executor's oath after pronouncing for a will in solemn form... 49 SAP FORM40 Certificate of execution to accompany will to be deposited under s.13 of the Act... 50 SAP FORM41 Executor's declaration to obtain probate where will deposited under s13 of the Act... 51 SAP FORM42 Oath of administrator with the will annexed... 52 SAP FORM43 Oath of administrator with the will annexed de bonis non... 54 SAP FORM44 Oath of Administrator... 56 SAP FORM45 Oath of administrator de bonis non... 60 SAP FORM46 Oath of administrator pendente lite... 61 SAP FORM47 Renunciation of probate... 62 SAP FORM48 Renunciation of probate by a trust corporation... 63 SAP FORM49 Renunciation of letters of administration with the will annexed... 64 SAP FORM50 Renunciation of letters of administration with the will annexed to syndic of a company not authorised by statute to apply for probate... 65 SAP FORM51 Renunciation of letters of administration... 66 SAP FORM52 Oath to lead re-seal of grant... 67 SAP FORM53 Advertisement for the re-sealing of grant... 68 SAP FORM54 Inventory of real and personal property in the State of South Australia... 69 SAP FORM55 Affidavit of assets and liabilities... 71 SAP FORM56 Affidavit of additional (or inaccurately described) assets and liabilities... 85 SAP FORM57 Certificate of disclosure Registrar's certificate... 86 SAP FORM58 Official certificate of grant... 87 SAP FORM60 Caveat... 88 SAP FORM61 Warning to caveat... 89 SAP FORM62 Appearance to warning or citation... 90 SAP FORM64 Caveat against allowance of commission... 91 SAP FORM65 Notice of appeal from decision of the Registrar of Probates... 92 Softdocs (May 2016) 2.

SAP FORM66 Estate and administration accounts under s 56 of the Act... 95 SAP FORM67 Will authorised under s.7 of the Wills Act 1936... 98 SAP FORM68 Notice of change of practitioner... 99 SAP FORM70 Judicial advice book application... 100 SECTION 3 OTHER FORMS SAP 04 P010 Search request form... 102 SECTION 4 LETTERS TO CLIENT SAP P860 Letter to Client to make Appointment to Execute Documents... 1 SAP P870 Letter to Client to Execute Documents for Application... 2 SAP P880 Letter to Client advising Application Lodged... 3 SAP P890 Letter to Client confirming Grant and Detailing Administration... 4 SAP P900 Letter to Client confirming Grant and Advising Gathering Assets... 5 SAP P910 Letter to Client re Estate Accounts... 6 SAP P930 Letter to Client advising of Funds held in Trust Account... 7 SAP P950 Letter to Client advising of Investment of Funds... 8 SAP P935 Memorandum of Costs and Disbursements... 9 SAP P940 Authority to Deduct Costs from Funds... 12 LETTERS ASSETS AND LIABILITIES SAP P490 Letter to Registry of Births, Death & Marriages... 13 SAP P500 Letter to Landlord... 14 SAP P510 Letter to Furniture Valuer... 15 SAP P520 Letter to Jeweller... 16 SAP P530 Letter to Domestic Insurance Company... 17 SAP P540 Letter to Life Assurance Company... 18 SAP P550 Letter to Funeral Benefit Society... 19 SAP P560 Letter to Employer... 20 SAP P570 Letter to Superannuation Fund... 21 SAP P580 Letter re Pension... 22 SAP P590 Letter to Bank or Building Society... 23 SAP P610 Letter re Visa Card... 24 SAP P620 Letter re Mastercard... 25 SAP P630 Letter re Other Credit Card... 26 SAP P640 Letter re Department Store re Charge Account... 27 SAP P650 Letter to Medicare cancelling Membership... 28 SAP P660 Letter to Other Health Fund... 29 SAP P670 Letter re Membership... 30 SAP P680 Letter to Accountant re Tax... 31 SAP P690 Letter to Unit Trust... 32 SAP P700 Letter to Company re Shares Stock Debentures etc... 33 SAP P710 Letter to Stockbroker... 34 SAP P720 Letter to Accountant re Partnership... 35 SAP P730 Letter to Accountant re Unlisted Shares... 36 SAP P740 Letter to Mortgagee... 37 SAP P750 Letter to Lender re Borrowing of Deceased... 38 SAP P760 Letter to Mortgagor... 39 SAP P770 Letter to Creditor... 40 SAP P780 Letter to Debtor... 41 Softdocs (May 2016) 3.

SAP P785 Letter to Aged Care Provider/Facility... 50 SAP P790 Letter to Solicitor for Estate in which Deceased has interest... 42 SAP P800 Letter to Asset Holder after Grant Requesting Payment... 43 SAP P810 Letter to Solicitor who prepared Will for Address of Witnesses... 44 SAP P820 Letter to Commissioner of Taxation enclosing Tax Return... 44 Softdocs (May 2016) 4.

SECTION 4 LETTERS ASSETS AND LIABILITIES (Continued) SAP P905 Letter to Bank re Closing Account and forward Monies... 45 SAP P915 Letter to Service SA transferring registration of vehicle... 51 SAP P920 Letter to Council advising Life Tenant... 46 SAP P925 Letter to Council enclosing Notice of Acquisition/Survivorship... 49 SAP P960 Letter to Beneficiary enclosing Partial Distribution of Assets... 47 SAP P965 Letter to Beneficiary enclosing Final Distribution of Assets... 48 SAP P970 Letter to RevenueSA enclosing documents... 52 Softdocs (May 2016) 5.

ALPHABETICAL TABLE OF FORMS Section 3 Page A Advertisement for the re-sealing of grant FORM53 68 Affidavit FORM22 29 Affidavit as to alias - Intestacy FORM04 6 Affidavit as to alias - Will FORM03 5 Affidavit of additional (or inaccurately described) assets and liabilities FORM56 85 Affidavit of assets and liabilities FORM55 71 Affidavit of execution FORM01 1 Affidavit of identity - Name changed since will FORM05 8 Affidavit of identity - Name incorrect in will FORM06 9 Affidavit of plight and condition and finding FORM02 4 Affidavit of service of citation and of search and non-appearance FORM11 16 Affidavit of service of subpoena FORM12 17 Affidavit of service of warning and of search and non-appearance FORM10 14 Affidavit to lead citation against exec - leave reserved to accept or refuse double 21 probate FORM15 Affidavit to lead citation calling on executor who has intermeddled in an estate to take probate FORM16 22 Affidavit to lead citation to accept or refuse administration FORM14 19 Affidavit to lead citation to bring in grant FORM18 25 Affidavit to lead subpoena to bring in testamentary document FORM20 28 Affidavit to lead to citation to accept or refuse probate FORM13 18 Affidavit to lead to citation to propound a will FORM17 24 Affidavit to lead to citation to see proceedings FORM19 26 Affidavit to withdraw will deposited under s 6 or s 7 of the Wills Act 1936 FORM07 10 Affidavit to withdraw will deposited with renunciation FORM08 11 Affidavit verifying the translation of a will or other document FORM09 13 Appearance to warning or citation FORM62 90 C Caveat FORM60 88 Caveat against allowance of commission FORM64 91 Certificate of disclosure Registrar's certificate FORM57 86 Certificate of execution to accompany will to be deposited under s.13 of the Act FORM40 50 Citation against executor whom leave has been reserved to accept or refuse 33 double probate FORM26 Citation calling on an executor who has intermeddled in an estate to take probate FORM27 35 Citation to accept or refuse administration FORM25 32 Citation to accept or refuse probate FORM24 31 Citation to bring in letters of administration Administrator alleged not to be 40 entitled FORM32 Citation to bring in letters of administration Will set up FORM31 39 Citation to bring in probate Another will set up FORM29 37 Citation to bring in probate Intestacy alleged FORM30 38 Citation to propound a will FORM28 36 Citation to see proceedings FORM33 41 Softdocs (May 2016) 6.

ALPHABETICAL TABLE OF FORMS Section 3 Page E Estate and administration accounts under s 56 of the Act FORM66 95 Executor's oath after pronouncing for a will in solemn form FORM39 49 Executor's declaration to obtain probate where will deposited under s13 of the Act FORM41 51 Executor's oath FORM37 45 Executor's oath for double probate FORM38 48 G Grant FORM36 43 I Inter partes summons FORM34B 106 Inventory of real and personal property in the State of South Australia FORM54 69 J Judicial advice book application FORM70 100 N Notice of appeal from decision of the Registrar of Probates FORM65 92 Notice of change of practitioner FORM68 99 O Oath of administrator de bonis non FORM45 60 Oath of administrator pendente lite FORM46 61 Oath of Administrator FORM44 56 Oath of administrator with the will annexed FORM42 52 Oath of administrator with the will annexed de bonis non FORM43 54 Oath to lead re-seal of grant FORM52 67 Official certificate of grant FORM58 87 R Renunciation of letters of administration with the will annexed to syndic of a company 65 not authorised by statute to apply for probate FORM50 Renunciation of letters of administration FORM51 66 Renunciation of letters of administration with the will annexed FORM49 64 Renunciation of probate FORM47 62 Renunciation of probate by a trust corporation FORM48 63 S Search request form P010 102 Subpoena to bring in testamentary document FORM23 30 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 FORM34C 108 Summons without notice FORM34A 103 W Warning to caveat FORM61 89 Will authorised under s.7 of the Wills Act 1936 FORM67 98 Softdocs (May 2016) 7.

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