Interlocutory Application (Form PROB4)

The Uniform Civil Rules 2020 (SA) prescribe Form PROB4 in Chapter 25 for two applications made inside an existing probate proceeding. Rule 355.5 requires an application for a grant pendente lite (to recover, call in and preserve the estate's assets while an application for a full grant is decided) to be made by filing a PROB4 in the grant proceeding, supported by a Form PROB34 affidavit. Rule 357.9(3) lets an executor, administrator or trustee who has already obtained an order for commission or remuneration in an action make later applications in that action by PROB4 rather than a new originating application. The form follows the civil interlocutory application: it states the nature of the application, the provision relied on, the orders sought and the supporting affidavit, with optional statements that it is urgent, by consent or made ex parte, and warns other parties to attend and to file any affidavit at least 2 days before the hearing.

When you need it

• There is a delay in obtaining a full grant and the estate's assets need to be recovered and preserved by a grant pendente lite (r 355.5). If a probate action is already on foot in the civil jurisdiction, apply in that action instead.
• You are making a further application for commission or other remuneration in an action where an order was made before (r 357.9(3)).
• You need another interlocutory order in an existing testamentary causes proceeding.

1. 1

   Complete the heading

   Insert the PROB action number, the full name of the deceased in "In the Estate of", and the full names of the applicant, respondent and any interested party.

2. 2

   Describe the application

   State the nature of the application in one sentence and the Act and section, rule or other provision relied on, then the party role seeking the orders.

3. 3

   Set out the orders sought

   List each order in separately numbered paragraphs.

4. 4

   Refer to the affidavit and optional statements

   Name the deponent and date of the supporting affidavit. Keep or delete the statements that the application is urgent, by consent (with the consent attached) or made ex parte, with grounds.

5. 5

   Mark the accompanying documents

   Mark the supporting affidavit (mandatory) and list any other documents, such as the proposed administrator's consent or the verified accounts.

• File through the Electronic System unless the court orders otherwise (r 351.5). Check the probate fees page for any fee.
• For a grant pendente lite, the affidavit must explain the delay, why a limited grant is needed and why it is urgent, identify the assets and liabilities as far as possible, and exhibit the proposed administrator's consent (r 355.5(2)). After the order, the administrator lodges an application for the limited grant with the order annexed to the Form PROB23 oath (r 355.5(4)).
• For a remuneration application, state whether any previous similar application was made (r 357.9(4)), attach the verified accounts (r 357.9(5)), serve any co-executors and, for an intestate estate, Public Trustee (r 357.9(7)-(8)), and file an affidavit proving that service (r 357.9(9)).
• Serve the application on all other parties in accordance with the rules (the form's service note).

• The court may join a person as a respondent or interested party on a grant pendente lite application (r 355.5(3)), so name likely interested people early.
• Keep the orders precise; the Registry settles sealed orders from a PROB5 draft (r 351.16).
• Registry officers can give procedural guidance but not legal advice (r 351.8(9)).