Consent Form (Form PROB7)

Several applications under Chapter 25 of the Uniform Civil Rules 2020 (SA) can be decided by the Registrar, rather than referred to a Justice or Associate Justice, if everyone who may be adversely affected by the orders is not under a disability and has given consent by affidavit evidence in Form PROB7. That applies to applications to admit an informal testamentary document to proof (r 353.5(6)), for a declaration of informal revocation (r 353.6(5)), to admit a copy of a testamentary document (r 353.7(7)), to omit offensive or libellous words (r 353.9(4)) and for rectification (r 353.10(7)). For rectification, notice must be given to every person whose interest might be adversely affected and any consent must be exhibited to the supporting affidavit (r 353.10(5)). PROB7 is sworn or affirmed like an affidavit: the person confirms their relationship to the deceased, that they are an adult without a legal disability, that they know what order is sought, that they had the chance to get independent legal advice, how they may be adversely affected, and that they consent or do not object.

When you need it

• You may be adversely affected by an application to admit an informal will, a copy of a will or an informal revocation, to omit words, or to rectify a will, and you agree to it or do not object.
• The applicant wants the Registrar to decide the application on consent (for example r 353.5(6)(a)).
• Not for a person under a disability, such as a minor: the Registrar's power depends on consenting persons not being under a disability.

1. 1

   Complete the heading and opening

   Insert the deceased's name in "In the Estate of", then your full name, address and postcode and occupation, and choose swear on oath or affirm.

2. 2

   Paragraphs 1 and 2: you and the document

   State your relationship to the deceased, the deceased's last address, where and when they died, and the date (or that it is undated) of the testamentary document, a copy of which is annexed and marked "A". Confirm you are over 18 and not under any disability affecting legal capacity.

3. 3

   Paragraph 3: the order sought

   Name the applicant and describe the order sought, such as admission of an informal document or rectification, and annex a copy of the draft orders or originating application marked "B".

4. 4

   Paragraphs 4 to 6: advice, effect and consent

   Confirm you had the opportunity to obtain independent legal advice, explain how your interest may be adversely affected, and choose whether you consent or do not object and will abide by the decision.

5. 5

   Swear or affirm before an authorised witness

   Sign before an authorised witness, such as a JP, a Commissioner for taking affidavits, a notary public or a police officer who is not a probationary constable (r 351.2). The witness signs and prints their name, title and ID number.

• Give the signed consent to the applicant, who files it as part of the evidence for the application through the Electronic System (r 351.5). For rectification, consents are exhibited to the supporting affidavit (r 353.10(5)).
• A personal applicant must send sworn documents in hard copy to the Probate Registry at 1 Gouger Street, Adelaide in an A4 envelope with the CourtSA coversheet (r 351.8(5)).
• If the Registrar cannot decide the application on consent, it is referred to a Justice or Associate Justice (for example r 353.5(8)).

• Read annexures A and B before signing so you know exactly what order you are agreeing to.
• Complete paragraph 5 with the specific way your interest may be affected, as the form asks.
• You can choose "do not object and will abide by the decision" if you do not actively support the application.