Written Submissions (Form PROB6)

Form PROB6 was introduced when the probate rules moved into Chapter 25 of the Uniform Civil Rules 2020 (SA) on 1 January 2025; the CAA lists it as a new form. The rule that names it is r 357.10(1): a person who wishes to object, consent or make submissions about an application by an executor, administrator or trustee for commission or other remuneration under section 96 of the Succession Act 2023 (a Remuneration Application under r 357.9) must file a Response in Form PROB3 or Written Submissions in Form PROB6. On its face the form is not limited to remuneration applications. It opens with the details of the deceased and then sets out the submissions in numbered paragraphs, with references to the relevant Acts, rules, cases and textbooks. In a remuneration application the court may refer the matter to an Associate Justice or the Registrar for inquiry and report and may take the Remuneration Indicator into account (r 357.10(7)-(8)).

When you need it

• You want to make submissions about an executor's, administrator's or trustee's claim for commission or remuneration (r 357.10(1)).
• If you want to oppose and lead evidence, file a PROB3 Response and a PROB34 affidavit as well or instead (r 357.10(3)).

1. 1

   Complete the heading

   Insert the PROB action number and the name of the deceased in "In the Estate of".

2. 2

   Paragraph 1: details of the deceased

   Give the deceased's name, last address and postcode, the suburb and postcode where they died, and their age.

3. 3

   Set out your submissions

   Write your submissions in numbered paragraphs from paragraph 2, referring to the relevant provisions of the Succession Act 2023 and other Acts, the rules, cases and textbooks relied on.

4. 4

   Keep evidence separate

   Submissions are argument. Facts you rely on should be in a Form PROB34 affidavit.

• File through the Electronic System unless the court orders otherwise (r 351.5).
• Rule 357.10(4) requires a Response in a remuneration application to be served on the applicant or the applicant's lawyer. Check with the Probate Registry how submissions filed on their own are to be served.
• Note that a person who has not filed a Response cannot attend an inquiry before an Associate Justice or the Registrar (r 357.10(10)). If you want to attend, file a PROB3 Response.

• Unless a Response has been filed, the court may decide a remuneration application without the parties attending, based on a report (r 357.10(9)).
• If the court thinks costs caused by an objector should not come from the estate, it may order that person to pay them (r 357.10(6)).
• Cite the specific rule or section for each point so the Registrar can follow it quickly.