Legal Project Management Plan & Checklist
Purpose of this Guide: This roadmap is crafted for practitioners handling a standard probate application with a valid Will in NSW. It's built specifically for wills and estates practitioners, this guide details the step-by-step application process. 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 uncontested probate 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 Succession Act 2006 (NSW), Probate and Administration Act 1898 (NSW), Supreme Court Rules 1970 Part 78, UCPR 2005 (Forms 111-149), Practice Note SC Eq 07 (commenced 17 June 2024).
Key Case Law: Muhvich v Arena [2026] NSWSC 333 (informal will admitted - two handwritten hospital documents). Peek v Wheatley [2025] NSWSC 554 (iPhone note rejected as informal will). Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
Filing Fees (2025-26 FY, estate-value tiered): 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: $57. Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
Online Filing: Mandatory since 1 August 2023. Original documents still posted in hard copy. Additional procedural resources can be found on the NSW Government Services and the NSW Legislation Registry.
Process at a Glance: The typical process involves a standard probate application requires a valid Will and named executors. Audit Will (check for staple holes, signs of tampering). Publish Notice of Intended Application on NSW Online Registry ($57, 14 clear days). Conduct asset discovery during waiting period. Draft Forms 111, 112, 117, 118. Execute documents and mark Will margins (do NOT unbind). e-File via Online Registry and pay tiered fee. Post originals to registry. Monitor requisitions. Receive sealed Grant. Additional forms are accessible via the NSW Government Services.
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, confirm executor details, estimate estate value, and publish Notice of Intended Application ($57).
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Ascertain exact date-of-death balances for all NSW assets and liabilities to prepare the Inventory of Property.
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 and strictly execute Forms 111, 112, 117, and 118 without unbinding the Will.
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.
Filing fee tiers (2025-26 FY, estate-value tiered on gross NSW assets - Supreme Court Rules 1970 (NSW) Part 78):