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PROTECTIVE LIST CHECKLIST

Probate CHECKLIST 1 Part 78 Supreme Court Rules 1970 (SCR) Probate and Administration Act 1898 (PAA) Succession Act 2006 (SA) Note that Chapter 2 commenced on 1 March 2008. See transitional provisions for wills made before this date. This CHECKLIST is intended as a guide for more straight forward applications for probate. For wills made before 1 March 2008, or if the deceased died before that date, you should refer to the transitional clauses in Schedule 1 of the Succession Act 2006. For more complex applications it is recommended that you refer to Geddes, Rowland & Studdert, Wills, Probate & Administration Law in NSW (to be updated) and Mason & Handler, Succession Law & Practice (NSW) available on LexisNexis.

This checklist is intended as a guide for more straight forward applications for probate. For wills made before 1 March 2008, ... Publication of Online Notice – r 3 SCR, s 42 PAA, Form 116 “Applicant” is the executor (not the solicitor). ... A JP or Australian legal practitioner may witness an affidavit; s 151 PAA.

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