Legal Project Management Plan & Checklist
Purpose of this Guide: This roadmap is crafted for practitioners handling Letters of Administration with the Will Annexed in NSW. It's aimed at estate lawyers, this guide covers the process when a Will exists but no executor is willing or able to act. Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
Jurisdiction: This applies to actions in This guide applies to applications filed in the Supreme Court of New South Wales, Australia. Verify current guidelines on the official .
Governing Legislation: The primary rules to follow are which covers Succession Act 2006 (NSW) which covers wills (Ch 2), family provision (Ch 3), Probate and Administration Act 1898 (NSW) which covers grants, s 46 (order of priority for administration), s 92 (creditor notices), Supreme Court Rules 1970 (NSW) Part 78, UCPR 2005 (NSW) Forms 114 (Summons), 112 (Draft Grant), 117 (Inventory), 120 (Affidavit), Practice Note SC Eq 07 (commenced 17 June 2024)
Filing Fees: Same estate-value tiered schedule: Nil (<$100K) to $7,099 ($5M+). Notice fee: $57. Online filing mandatory since 1 Aug 2023. Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
Process at a Glance: The typical process involves standard probate rules apply, but the applicant is NOT the named executor. The applicant must establish why the named executor cannot act (deceased, renounced via Form 135, lacks capacity, or has been passed over). File Form 114 Summons for Administration with Will Annexed, Form 117 Inventory of Property, and Form 120 Affidavit of Applicant for Administration with Will Annexed. If multiple beneficiaries have equal priority, consents from others may be required. The Will is annexed to the grant and distribution follows its terms. Practitioners should check the official NSW Government Services and NSW Legislation Registry for regular procedure updates.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Probate (Executor) - Letters of Administration with the Will Annexed matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for TRUSTS_ESTATES cases, outlining the standard REGULATORY process. Utilize these tracking templates to manage your legal cases efficiently.
Verify the original Will and identify the executor's inability to act.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Publish the online notice.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft Form 114 Summons, Form 117 Inventory, and Form 120 Affidavit.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.