Notice of objection to appointment of executor or administrator (Form 147)

An executor or administrator cannot simply hand the job to someone else, but under s 75A of the Probate and Administration Act 1898 an executor (whether or not probate has been granted) or an administrator who holds a grant may, by deed, appoint NSW Trustee and Guardian or a trustee company in their place or as a co-executor or co-administrator. Before doing so they must give 28 days' written notice of the proposed appointment (Form 145) to any co-executor or co-administrator and to adult beneficiaries ordinarily resident in Australia (s 75A(4)). That notice says the appointment will be made after 28 days and that a person who objects may, within that period, lodge with the Registrar in Probate a notice of objection and serve a copy at the address given. Form 147 is that notice of objection: s 75A(5) lets a person entitled to the notice lodge an objection with the Registrar before the 28 days expire and serve a copy on the person proposing the appointment, and Supreme Court Rules 1970 Part 78 r 90 requires the objection to be in the approved form. It was formerly SCR Form 120.

When you need it

• You have been served with a notice of appointment of executor or administrator (Form 145) and you object to the proposed appointment.
• You have an interest in the will or, on an intestacy, in the estate.
• You are still within the 28-day period stated in the Form 145 notice.

1. 1

   Court details and title

   The form is pre-set for the Supreme Court of NSW, Equity Division, Probate List, Sydney registry. Add the case number and the name and last address of the deceased.

2. 2

   Filing details

   Name the person filing the notice and, if represented, the solicitor and reference.

3. 3

   The objection

   State that you object to the proposal by the named executor or administrator to appoint the named person, and describe the proposed appointment as it appears in the Form 145 notice. Then state your interest in the will or estate, for example as a beneficiary.

4. 4

   Signature and contact details

   Sign, giving your capacity (beneficiary, solicitor on record or contact solicitor) and the date. On the second page give your address and an address for service, which must be in NSW unless an exception in UCPR r 4.5(3) applies.

• Lodge the notice with the Registrar in Probate of the Supreme Court of NSW within the 28 days stated in the Form 145 notice.
• Serve a copy on the person proposing to make the appointment (s 75A(5)), at the address noted in the Form 145 notice.
• Check the Supreme Court's current fee schedule in case a fee applies.

• Count the 28 days from the date the Form 145 notice was served on you, not from its date.
• State your interest clearly: the notice only makes sense coming from a person with an interest in the will or estate.
• The form does not ask for reasons. If you want the court to stop the appointment, consider getting legal advice about the next steps.