Legal Project Management Plan & Checklist
Purpose of this Guide: This step-by-step roadmap is designed for practitioners dealing with managing uncontested probate applications in New South Wales. Tailored explicitly for wills and estates lawyers, probate clerks, and estate administrators, this guide covers the process from Will verification through to estate distribution. 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 desk applications filed in the Supreme Court of New South Wales, Australia. Verify current guidelines on the official NSW Legislation Registry.
Governing Legislation: The primary rules to follow are which covers Succession Act 2006 (NSW) which covers substantive law: wills (Ch 2), family provision (Ch 3), intestacy (Ch 4), informal wills (s 8), which covers procedural: grants, letters of administration, creditor notices (s 92), Part 78 which covers probate-specific procedural rules (applications, caveats), which covers general procedure, probate forms (Forms 111-149), Practice Note SC Eq 07 (commenced 17 June 2024) which covers 'Probate and Family Provision List' (renamed from 'Succession and Probate List'), cost-capping for estates < $1M net
Key Case Law: Muhvich v Arena [2026] NSWSC 333 (two handwritten hospital documents admitted as valid informal will under s 8 - signed, dated, clear testamentary intentions, revoked earlier will). Peek v Wheatley [2025] NSWSC 554 (iPhone Notes app document DECLINED as informal will - deceased did not intend note to operate as will without further action). Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
Filing Fees (2025-26 FY - estate-value tiered on gross NSW assets): Nil (<$100K) | $921 ($100-250K) | $1,250 ($250-500K) | $1,918 ($500K-1M) | $2,555 ($1-2M) | $4,258 ($2-5M) | $7,099 ($5M+). Notice of Intended Application: $57. Notice of Intended Distribution: $57. Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
Online Filing: Mandatory since 1 August 2023 via NSW Online Registry (onlineregistry.lawlink.nsw.gov.au). Original documents (Will, death certificate) must still be posted or delivered to the registry in hard copy. Additional forms are accessible via the NSW Government Services.
Critical Timing: Notice of Intended Application must be published at least 14 clear days before filing. Application expected within 6 months of death (delays require explanation). Family provision claims: 12-month limitation from death (s 58 Succession Act 2006). s 92 creditor notices: do not distribute until 6 months after death; publish Form 114 allowing 30 days for claims. Additional forms are accessible via the NSW Government Services.
Process at a Glance: The typical process involves verify original Will and executor identity. Publish Notice of Intended Application on NSW Online Registry ($57). Wait 14 clear days. Draft Summons (Form 111), Executor Affidavit (Form 118), Inventory (Form 117), and Draft Grant (Form 112). e-File via NSW Online Registry and pay estate-value tiered fee. Post original Will, death certificate, and Form 112 copies to registry. Monitor for requisitions. Receive sealed Grant. Publish Notice of Intended Distribution (Form 114, $57) and wait 30 days. Distribute estate after s 92 safe date (6 months from death).
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 original Will, gather asset details, calculate estate value and filing fee tier, and establish executor standing.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Filing fee tiers (2025-26 FY, estate-value tiered on gross NSW assets):
Family provision claims: 12-month limitation from death (s 58 Succession Act 2006). Eligible claimants defined in s 57.
Publish Notice of Intended Application on NSW Online Registry and calculate 14-clear-day waiting period.
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 Forms 111, 112, 117, and 118, execute documents, and mark original Will without unbinding.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.