Notice of intended objection to accounts (SCR Part 78 rule 78 (SCR Form 116A)) (Form 143)

Executors and administrators may have their estate accounts passed by the Supreme Court, and may ask for commission for their work, in proceedings for the passing of accounts under Probate and Administration Act 1898 ss 85 and 86. Those proceedings start by notice of motion in the proceedings in which the grant was made (Supreme Court Rules 1970 Part 78 r 76). At any time before such proceedings begin, any person may file a notice of intention to object to the passing of accounts, the allowance of commission, or both (r 78(1)). Form 143 (version 2) is the approved notice; it was SCR Form 116A. The address for service in the notice becomes the objector's address for service in the later proceedings (r 78(2)).

When you need it

• You are a beneficiary or other interested person who expects the executor or administrator to apply to pass accounts or claim commission, and you want to be told and heard.
• You object to commission being allowed, to the accounts themselves, or to both.
• Once proceedings have started, respond in those proceedings rather than with this pre-proceedings notice.

1. 1

   Court details and title

   Pre-set for the Supreme Court of NSW, Equity Division, Probate List, Sydney. Enter the case number of the grant, the deceased's name and last address.

2. 2

   Filing details

   Give your name and, if represented, your solicitor's details and reference.

3. 3

   Notice of intended objection

   Give your name and address, and choose whether you intend to object to the passing of accounts, the allowance of commission, or both. Also choose the matching words in the form's heading.

4. 4

   Signature

   Signed by your legal representative or by you, with your capacity (for example beneficiary) and the date.

5. 5

   Further details and address for service

   Give your address and an address for service in NSW (unless an exception in UCPR r 4.5(3) applies), or "as above", with telephone and email. A legal representative adds firm and electronic service details.

• File the notice in the Supreme Court Probate Registry in the proceedings in which the grant was made, before proceedings for the passing of accounts are commenced (r 78(1)).
• When the accounts proceedings start, the registrar serves a copy of your notice on the applicant, and the applicant must then serve you with the originating process (r 78(3) and (4)).
• The applicant must publish a notice of the filing of the accounts on the NSW Online Registry at least 14 days before commencing the proceedings (r 79). Watch the Online Registry notices for the estate.
• A filing fee may apply. Check the Supreme Court's current fee schedule.

• Keep your address for service up to date: it is the address used for you in the accounts proceedings (r 78(2)).
• Filing the notice does not itself decide anything. It ensures you are served and can put your objections when the accounts or commission claim is heard.
• Note your reasons and evidence now; the Court can require further evidence and vouching of the accounts (rr 82 and 83).