Renunciation of Probate (Form PROB16)

Rule 353.2(1) of the Uniform Civil Rules 2020 (SA) allows an executor, at any time after the testator's death, to renounce probate by filing a renunciation in the prescribed form on the Electronic System; Form PROB16 is the renunciation of probate, and Forms PROB17 to PROB21 cover other kinds (for example administration with the will annexed, or a trust corporation). A death certificate or other evidence of death must accompany the renunciation (r 353.2(1a)), and the original will must be deposited in the Registry with the original renunciation (r 353.2(2)). A note to the rule says the court will not receive a renunciation from an executor who has intermeddled in the estate. Renouncing probate does not renounce a right to administration in another capacity unless that is expressly renounced (r 353.2(4)), which is why the form footnote lets the executor delete the words renouncing letters of administration with the will annexed. Retracting a renunciation needs an originating application showing it is for the benefit of the estate or the people interested (r 353.2(8)).

When you need it

• You are named as executor in a will and do not want to act, and you have not intermeddled in the estate.
• You want another person to apply for the grant, for example a co-executor or a person entitled to administration with the will annexed.
• You are renouncing as part of an assignment of the estate to another person (r 353.8).
• Use PROB17 to PROB21 instead for renunciations of administration or by a trust corporation or body corporate.

1. 1

   Complete the heading

   Insert the name of the deceased in "In the Estate of".

2. 2

   Complete the recital

   Give the deceased's full name, address and postcode, the date and place (suburb and postcode) of death, the date of the will and your name exactly as it is described in the will as executor.

3. 3

   Complete the renunciation

   Insert your name as described in the will, your address, postcode, occupation and relationship. The form declares that you have not intermeddled and will not intermeddle with intent to defraud creditors, and renounces probate and letters of administration with the will annexed.

4. 4

   Decide on the asterisked words

   If you want to keep a right to letters of administration with the will annexed, delete the words "and to letters of administration with the will annexed of the estate of the deceased" (form footnote).

5. 5

   Sign before an authorised witness

   Sign and date the renunciation before an authorised witness, who signs and prints their name, title and ID number (form note 1; r 351.2).

• File the renunciation on the Electronic System (r 353.2(1)) with a death certificate or other evidence of death (r 353.2(1a)). A fee may apply: check the probate fees page.
• Deposit the original will in the Probate Registry with the original renunciation (r 353.2(2)). A personal applicant posts or delivers originals to 1 Gouger Street, Adelaide in an A4 envelope with the CourtSA coversheet (r 351.8(5)).
• A renunciation can also be filed with an application for a grant, which the note to r 353.2 says avoids an extra court fee and the process to withdraw the will from the Registry.
• A person who has not renounced and wants to prove a will deposited with a renunciation applies by Form PROB45 affidavit in the renunciation proceeding to withdraw it (r 353.2(3)).

• Do not deal with the estate's assets before renouncing. If you have intermeddled, the court will not receive the renunciation; the note to r 353.2 points to alternatives.
• Think before you renounce. Unless the court orders otherwise, a person who renounces administration in one capacity cannot get a grant in another (r 353.2(5)), and retraction after a grant to someone entitled in a lower degree is only allowed in exceptional circumstances (r 353.2(11)).
• Use your name exactly as it appears in the will so the Registry can match you to the appointment.