New South Wales Consolidated Regulations

SUPREME COURT RULES 1970 - SECT 78.12

78.12 Supporting affidavits

(1) In addition to the documents referred to in rule 10 (1) or 11, as the case requires, an application--

(a) for the grant of probate or administration, or

(b) for the resealing of a foreign grant,

must be accompanied by--

(c) an affidavit in support containing such information as may be required by the relevant form, and Subdivisions 2 and 3, and

(d) such additional affidavits as may be required by Subdivisions 2 and 3 if the evidence cannot be given by the deponent of the affidavit in support.

(2) For an application made using the New South Wales Online Registry website, each affidavit required by subrule (1) must be filed in accordance with the Uniform Civil Procedure Rules 2005 , Part 3, Division 3.

Note : The prescribed forms of affidavit in support of an application for probate, administration or resealing of a foreign grant are as follows--

(a) probate--UCPR Form 118,

(b) administration--UCPR Form 119,

(c) administration with the will annexed--UCPR Form 120,

(d) administration pursuant to section 91 of the Succession Act 2006 --UCPR Form 122,

(e) resealing of a foreign grant--UCPR Form 121.