Notice of appointment of executor or administrator (SCR Part 78 rule 90 (SCR Form 118)) (Form 145)

Under Probate and Administration Act 1898 s 75A, an executor (before or after probate) or an administrator may by deed appoint the NSW Trustee or a trustee company to act in their place, or as co-executor or co-administrator. Before making the appointment they must give 28 days' written notice to any co-executor or co-administrator and to the adult beneficiaries ordinarily resident in Australia, unless the Court dispenses with notice (s 75A(4)). Supreme Court Rules 1970 Part 78 r 90 requires the notice of appointment, the deed and any notice of objection to be in the approved form. Form 145 (version 2) is the approved notice; it was SCR Form 118. It is served, not filed to start proceedings, which is why the form marks the case number "not applicable".

When you need it

• You are a named executor or a grantee of probate or administration and want the NSW Trustee or a trustee company to take over, or to act with you.
• You must notify the co-executors and the adult beneficiaries living in Australia before signing the deed of appointment.
• The will does not forbid delegation: no appointment can be made if the will directs that the office not be delegated or that the proposed appointee not act (s 75A(3)).

1. 1

   Court details and preparation details

   Pre-set for the Supreme Court of NSW Probate List; the case number is "not applicable". Enter the deceased's name and last address and who prepared the notice.

2. 2

   Addressee

   Insert the name and address of the person being served. Prepare a separate notice for each co-executor and each beneficiary entitled to notice.

3. 3

   Paragraph 1

   Name the executor or administrator, the deceased and their last address, and the proposed appointee (the NSW Trustee or a trustee company). Choose whether the appointee is to act in the appointor's place or as co-executor or co-administrator.

4. 4

   Paragraph 2

   This printed paragraph tells the recipient they may object within 28 days by lodging a notice of objection with the Registrar in Probate and serving a copy at the address in the notice.

5. 5

   Signature and further details

   Signed by the person issuing the notice or their lawyer, with capacity and date. Give the issuer's address and an address for service in NSW so any objection can be served.

• Serve the notice on each co-executor or co-administrator and each adult beneficiary ordinarily resident in Australia, at least 28 days before making the appointment (s 75A(4)). The Court may on application dispense with notice.
• A recipient may object within the 28 days by lodging a notice of objection in the approved form with the Registrar and serving a copy on the person proposing the appointment (s 75A(5); r 90(c)).
• If an objection is lodged and served, an appointment under s 75A(1) cannot be made without a Court direction, and an appointment under s 75A(2) cannot be made at all (s 75A(6)).
• If there is no objection, the deed of appointment (in the approved form, r 90(b)) must be registered with the Registrar-General and a verified copy filed in the Court registry (s 75A(8) and (9)).

• Keep proof of service and the service dates: the 28 days runs from service on each person.
• Check the will for any direction against delegation before starting (s 75A(3)).
• The appointee can only be the NSW Trustee or a trustee company; s 75A does not allow appointing a private individual.