Notice of intended distribution of an estate
Which legislative provisions, rules and forms govern the publication of this Notice?
Section 92 of the
Probate and Administration Act 1898 and
section 93 of the
Succession Act 2006 are relevant to the publication of this Notice following the Court's grant of representation to an executor or administrator.
Commencing 20 January 2014, Part 78 Rule 93(a) of the Supreme Court Rules 1970 specifies that the valid method of publication for this Notice is via the NSW Online Registry website. This Rule also specifies the minimum estate details that the Notice must include.
Unlike the Notice of Intended Application for probate, administration or reseal, publication of this Notice is not mandatory. But, executors or administrator might choose to publish the Notice because it may, in certain circumstances (and subject to compliance with the above legislative and regulatory provisions), offer protection from personal liability in future claims about which he or she had no knowledge prior to distributing the estate.
The prescribed wording for the notice is set out in approved
UCPR form 114. The Notice that you publish through the NSW Online Registry will include the wording prescribed in the approved form.
*It should be noted that publication of a Notice of Intended Distribution might also need to occur in accordance with
section 60 of the
Trustee Act 1925 in circumstances that may not follow a grant of representation. In these circumstances, publication should take place in a daily newspaper as provided by Part 78 Rule 93(b).
How do I publish a Notice of intended distribution via the Online Registry?
If you need to publish a Notice in an estate where the case number commences with "2013" (or later), you can do this instantly using the purpose built online form.
To access the online form, you must log in to the
NSW Online Registry. You then search for the case that was initially commenced by the publication online of the Notice of Intended Application for probate, administration or reseal (see illustration below).
If you still have trouble locating the case in your Case List, the
search tips on this page might assist.
Once you have located the case, click on the "File a form" icon and select the "Summons for Probate" proceedings, as illustrated below.
The online form will prompt you to confirm that the Notice is being published in relation to a deceased estate (and not some other circumstance in which property is to be distributed by a trustee under section 60 of the
Trustee Act 1925 where publication in a newspaper is required).
Once you hit "Next", you will then be prompted to confirm the period within which potential claimants must notify the executor of adminstrator. The final step in completing the online form requires you to confirm the details to that will be published in the Notice (see illustration below).
Once you have completed the online form, it is recommended that you Preview the form before you hit "Submit". Below is an illustration of how the Notice will look. Most of the estate details published in the Notice (such as name, Date of Grant, Date and Place of Death) have been drawn from the finalised Summons proceeding.
Even if you hit "Submit", you will have another opportunity to Preview the form before paying. This additional preview option is outlined directly below.
How do I check the Notice before I publish it?
It is recommended that you preview your Notice before submitting it for payment and publication. This is because you will not be able to edit the Notice after you pay for, and publish, it.
Once you have completed all the sections within the online form, you can preview the wording of your Notice before you pay the prescribed $49 fee. You can do this from the "Forms Awaiting Payment" section of the Online Registry by clicking on the magnifying glass icon as illustrated below.
If you notice an error in the previewed Notice, you can close the preview and Edit the form by clicking the pencil icon (see below).
How do I publish a Notice in a case that was commenced before the year 2013?
If you need to publish a Notice of Intended Distribution in a case that commenced before the year 2013, registry staff will need to publish this Notice on your behalf. You can download the
application form you need to complete from this page.
What if I cannot register for Online Registry access or pay by credit card?
If you do not have sufficient suitable means of personal identification to create an Online Registry account, or if you do not have a credit card or VISA/Mastercard debit card, Registry staff can publish a Notice for you. Simply complete the relevant hard copy
application form, which includes instructions on how to return it to the Court.