Response to Originating Application (Form PROB3)

Under r 351.12 of the Uniform Civil Rules 2020 (SA), a person served with an Originating Application in the testamentary causes jurisdiction who wishes to oppose or make submissions about it must, within 14 days after service, file a Response in Form PROB3 and serve it as soon as practicable on each other party. A person who simply consents to the orders sought may consent through the Electronic System (r 351.12(2)). A person who opposes must file the Response on the Electronic System and upload a Form PROB34 affidavit stating the grounds of opposition with sufficient particularity (r 351.12(3)). Anyone who has filed a Response may adduce evidence for or against the application (r 351.12(4)). PROB3 is also the response for people served or joined in a court-authorised will application (r 352.4(3)) and for objecting to an executor's commission (r 357.10). The CAA says the PROB3 document is generated automatically by CourtSA when a party completes the Response online, though it can also be uploaded; it replaced the old appearance to summons.

When you need it

• You have been served with a PROB1 or PROB2 originating application and want to oppose it or make submissions.
• You have been given notice of, or joined to, an application for a court-authorised will for a minor or a person lacking capacity (r 352.4(3)).
• You want to object, consent or make submissions about a claim for executor's commission or remuneration (r 357.10(1)).
• If you only consent, you can consent through the Electronic System instead (r 351.12(2)).

1. 1

   Use the CourtSA response

   Log in to CourtSA and complete the Response to the originating application in the case. CourtSA generates the PROB3 document from what you enter. If you upload a document instead, use the PROB3 Word form.

2. 2

   Fill in the case details

   Enter the action number, the name of the estate and the deceased's last residential address, as shown on the originating application.

3. 3

   State your position

   Complete the single statement with your name, your role (for example respondent or interested party) and whether you consent to or oppose the application.

4. 4

   File your affidavit if opposing

   If you oppose, upload a Form PROB34 affidavit setting out the grounds of opposition with sufficient particularity (r 351.12(3)).

• File the Response through the Electronic System within 14 days after service of the originating application documents (r 351.12(1)); probate documents must be filed electronically unless the court orders otherwise (r 351.5).
• For a court-authorised will application, file within 14 days or the time in the order for notice or joinder, or later with leave (r 352.4(3)).
• Serve the Response as soon as practicable on each other party in accordance with Chapter 5 (r 351.12(1)). For a commission application, serve the applicant or the applicant's lawyer (r 357.10(4)).

• In a commission application, you cannot attend an inquiry before an Associate Justice or the Registrar unless you have filed a Response (r 357.10(10)), and you may be ordered to pay costs your objection causes (r 357.10(6)).
• For applications such as admitting an informal will or rectification, the Registrar can decide the matter if all adversely affected people consent by affidavit evidence in Form PROB7 (for example r 353.5(6)). Decide early whether you consent or oppose.
• Registry officers can give procedural guidance but not legal advice (r 351.8(9)).