New South Wales Consolidated Acts

PROBATE AND ADMINISTRATION ACT 1898 - SECT 42

42 Application for probate or administration

(1) All applications for probate or letters of administration may be made to the Court in such manner as may be prescribed by the rules.

(2) Notice of an application is to be published in the manner prescribed by the rules--

(a) in the case of an application made by way of a cross-claim--within the period prescribed by the rules in relation to such an application, or

(b) in any other case--not less than 14 days before the making of the application.

(3) Application for probate of a will not deposited as referred to in section 51 of the Succession Act 2006 provided or for letters of administration shall be supported by an affidavit that a search has been made in the proper office for a will of the deceased, and stating whether any such will remains deposited with the officer for the time being authorised to have the custody of deposited wills, or by a certificate from the Registrar to the like effect.

(4) The Court may by order direct that any partial or total failure to comply with the requirements of subsections (2) and (3) shall not bar the granting of probate or letters of administration.

(5) The Court may refuse to revoke a grant of probate or letters of administration notwithstanding that in respect of the application for the grant there was any partial or total failure to comply with the requirements of subsections (2) and (3).

Note--: On grant of administration in respect of a deceased person to permit an application to be made for a family provision order, see section 91 of the Succession Act 2006 .