Order (Form PROB5)

Rule 351.16 of the Uniform Civil Rules 2020 (SA) says that to obtain a sealed court order from the Probate Registry, a request must be sent by email to the Registry attaching a draft order in Form PROB5, as a Word document, for the Registry to settle. A note to the rule confines it to orders made in the testamentary causes jurisdiction; an order made in the civil jurisdiction must be sent to the civil registry. The PROB5 template records the action number, the estate, the parties, the hearing (location, date and presiding officer), appearances, recitals, the date of the order and the terms of the order, and ends with a warning that disobeying the order is contempt of court, above the signature of the Registrar of Probates. A sealed order is often needed for the next step: for example, after an order admitting an informal will or a copy of a will, the application for a grant proceeds with a copy of the order uploaded (rr 353.5(9), 353.7(9)).

When you need it

• The court has made an order in a probate proceeding and you need a sealed copy, for example to upload with an application for a grant.
• The court or Registry has asked you to provide a draft order in the approved form.
• Not for orders in the civil jurisdiction, including probate actions there: send those to the civil registry (note to r 351.16).

1. 1

   Complete the heading

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

2. 2

   Record the hearing and appearances

   Enter the hearing location (Adelaide is pre-filled), hearing date and presiding officer, and the appearances for each party.

3. 3

   Add recitals

   Insert any recitals or remarks from the record of outcome.

4. 4

   Set out the terms of order

   Enter the date of the order and the orders made in separately numbered paragraphs, using the wording the court pronounced. The rules give example wording for some orders, such as r 353.5 (admitting a document to probate) and r 353.10 (rectification).

5. 5

   Leave the signature for the Registry

   The order is signed by the Registrar of Probates once settled.

• Email the request to the Probate Registry with the draft PROB5 attached as an editable Word document (r 351.16). Do not convert it to PDF; the Registry settles the wording.
• Once sealed, use the order as the rules direct. For example, after an order admitting an informal testamentary document, upload a copy with the grant application, and annex it to the oath where the grant is of letters of administration with the will annexed (r 353.5(9) and note).

• Copy the orders exactly as the court made them; the Registry settles the draft (r 351.16).
• Use the action number and the deceased's name exactly as they appear on the court record.
• The warning paragraph applies to parties against whom orders are made; leave it in.