New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 3.13

3.13 Filing of wills

(1) This rule applies to a will that is required to be filed in court together with an application for probate of the will or for administration of a person's estate with the will annexed, if the application is filed by means of Online Registry.

(2) A true and complete scanned copy of the will must be submitted with the application.

(3) The original will (or if the application relates to a copy of the will, the copy of the will sought to be proved) must be filed at, or mailed to, the Sydney Registry of the Supreme Court within 7 days after the date on which the application is filed.

(4) The will filed under subrule (3) must be accompanied by--

(a) for an application for the grant of probate or administration made using the New South Wales Online Registry website--a copy of the covering sheet generated from the website, or

(b) otherwise--a covering sheet that includes the case number assigned to the application.

(5) The person filing the application is taken to have affirmed to the court that he or she has possession of the will when the application is filed and that the will will be filed at or sent to the court in accordance with subrule (4).

(6) In this rule,
"will" includes any codicil or other testamentary instrument.