of the northern territory

advertisement
DRAFT ADVERTISEMENT
NOTICE OF INTENDED
APPLICATION FOR PROBATE
In the Supreme Court of the Northern Territory of Australia.
After 14 days from publication of this notice, an application for Probate of the will
dated (date) of (full name in capitals) late of (address) in the Northern Territory of
Australia (occupation) will be made by (full name in capitals).
Creditors are required to send particulars of their claims upon this estate to (full
name in capitals) at (address).
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
PROBATE JURISDICTION
DARWIN REGISTRY
No
of 2013
THE ESTATE of the late
(full name in capitals)
late of (address) in the
Northern Territory of
Australia, (occupation),
deceased
APPLICATION
The applicant (full name in capitals) the Executor/trix named in the will dated (date)
of (full name in capitals) late of (address) in the Northern Territory of Australia
(occupation), deceased, claims that probate of the will be granted to him/her.
APPLICANT:
(full name in capitals)
(address)
(occupation)
APPLICANT'S ADDRESS FOR SERVICE:
(address)
FILED:
.........................................
(Applicant's signature)
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
PROBATE JURISDICTION
DARWIN REGISTRY
No
of 2013
THE ESTATE of the late
(full name in capitals)
late of (address)
in the Northern Territory
of Australia, (occupation),
deceased
______________________________
APPLICATION
______________________________
(full name in capitals of)
(applicant)
(address)
(telephone)
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
PROBATE JURISDICTION
DARWIN REGISTRY
No
of 2013
THE ESTATE of the late
(full name in capitals)
late of (address)
in the Northern Territory
of Australia (occupation)
deceased
AFFIDAVIT OF PUBLICATION AND SEARCH
DEPONENT:
DATE PROMISED:
I, (full name in capitals) of (address) in the Northern Territory of Australia
(occupation) PROMISE THAT 1.
A notice, a copy of which is annexed and marked "A" was published on (date)
in the Northern Territory News which is a Darwin daily newspaper.
2.
I have this day caused a search to be carried out in the Registry of the Court
and have found -
3.
(a)
no evidence of a caveat having been lodged relating to a grant or
reseal being made in the estate of the deceased; and
(b)
that, before the making of this application for a grant of Probate, no
election has been filed under Part VII of the Public Trustee Act.
I have caused a search of the index of wills kept by each prescribed person
within the meaning of section 3 of the Wills Act and have found no evidence
of a will having been lodged.
PROMISED at (place)
in the Northern Territory of Australia
on
BEFORE ME:
Commissioner for Oaths/Justice of the Peace
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
PROBATE JURISDICTION
DARWIN REGISTRY
No
of 2013
THE ESTATE of the late
(full name in capitals)
late of (address)
in the Northern Territory
of Australia (occupation)
deceased
This is the Annexure marked
with the letter “A” referred to
in the Affidavit of
promised before me this day
of
2013.
Commissioner for Oaths/Justice of the Peace
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
PROBATE JURISDICTION
DARWIN REGISTRY
No
of 2013
THE ESTATE of the late
(full name in capitals)
late of (address)
in the Northern Territory
of Australia, (occupation),
deceased
______________________________
AFFIDAVIT OF PUBLICATION
AND SEARCH
______________________________
(full name in capitals of)
(applicant)
(address)
(telephone)
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
PROBATE JURISDICTION
DARWIN REGISTRY
No
of 2013
THE ESTATE of the late
(full name in capitals)
late of (address) in the
Northern Territory of
Australia (occupation)
deceased
OATH OF OFFICE
I, (full name in capitals) of (address) in the Northern Territory of Australia
(occupation) promise that if the Supreme Court of the Northern Territory of Australia
grants to me Probate of the will of (full name in capitals) late of (address)
(occupation) I will well and truly collect and administer the estate of the deceased
according to law.
Dated: (date)
Promised by (full name in capitals)
at (place) in the Northern Territory of Australia
BEFORE ME:
Commissioner for Oaths/Justice of the Peace
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
PROBATE JURISDICTION
DARWIN REGISTRY
No
of 2013
THE ESTATE of the late
(full name in capitals)
late of (address)
in the Northern Territory
of Australia, (occupation),
deceased
______________________________
OATH OF OFFICE
______________________________
(full name in capitals of)
(applicant)
(address)
(telephone)
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
PROBATE JURISDICTION
DARWIN REGISTRY
No
of 2013
THE ESTATE of the late
(full name in capitals)
late of (address) in the
Northern Territory of
Australia (occupation)
deceased
AFFIDAVIT OF ASSETS AND LIABILITIES
DEPONENT:
DATE PROMISED:
I, (full name in capitals) of (address) in the Northern Territory of Australia
(occupation) PROMISE THAT 1.
I am the person applying for a grant of probate in respect of the estate of (full
name in capitals) deceased, late of (address) (occupation).
2
The statement of the assets of the deceased in the attached inventory
(signed in the margin by me and by the person before whom this affidavit is
promised) and the within statement under the heading "Liabilities" comprise a
true statement of all the assets and liabilities of the deceased of which at the
date of swearing this affidavit I am aware.
3.
The within statement under the heading "Persons Entitled" is a true statement
showing the persons entitled to the assets of the deceased, a description of,
and an estimate of the value of, their entitlements and, where a person
entitled is a minor, their age.
PROMISED at (place)
in the Northern Territory of Australia
on
BEFORE ME:
Commissioner for Oaths/Justice of the Peace
-2Inventory of Property
(Use only the headings that apply to the particular estate)
ASSETS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
VALUE
Real estate
Furniture, watches and jewellery
Money in house or hand
Money in current accounts
Money in ADI on deposit.
Life policies
Superannuation, long service leave, other leave
Shares in companies
Government stock
Debenture and mortgages
Debts due to the estate
Interest in partnership or business
Interest in deceased estate
Motor vehicles
Livestock, farming plant, wool and crops
Payments under any medical benefits or hospital
contribution fund
Taxation credits
Other personal property
LIABILITIES
1.
2.
3.
4.
5.
6.
7.
8.
9.
AMOUNT
Funeral expenses
Ambulance
Mortgage repayment
Legal expenses
Credit card or bank loan
Power and water
Telephone
Rates
other debts
SUMMARY OF ASSETS & LIABILITIES
Total value of assets
Total amount of liabilities
$
$
_____________
$
_____________
JOINT TENANCY
e.g. motor vehicles, house, stocks & shares
………………………………
Deponent
……………………….
Witness
-3_________________________________________________________________
PERSONS ENTITLED
_________________________________________________________________
Name
Relationship
Age if
Description
Est. or
if any, to
a minor
of entitlement
known
deceased
value
_________________________________________________________________
…………………………………
Deponent
……………………….
Witness
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
PROBATE JURISDICTION
DARWIN REGISTRY
No
of 2013
THE ESTATE of the late
(full name in capitals)
late of (address)
in the Northern Territory
of Australia, (occupation),
deceased
______________________________
AFFIDAVIT OF ASSETS AND
LIABILITIES
______________________________
(full name in capitals of)
(applicant)
(address)
(telephone)
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
PROBATE JURISDICTION
DARWIN REGISTRY
No
of 2013
THE ESTATE of the late
(full name in capitals)
late of (address) in the
Northern Territory of
Australia (occupation)
deceased
AFFIDAVIT OF EXECUTOR
DEPONENT:
DATE PROMISED:
I, (full name in capitals) of (address) in the Northern Territory of Australia,
(occupation) PROMISE THAT 1.
My full residential address is (address).
2.
The document dated (date) and signed in the margin by me and by the
person before whom this affidavit is promised is, I believe, the last will of (full
name in capitals) the deceased, which will has not been revoked.
3.
My means of identifying the will are (state reasons - e.g. being present at the
time it was signed, recognizing the signature etc)
4.
I am the executor/trix named in the will.
5.
The subscribing witnesses to the will are (full name in capitals) and (full name
in capitals).
6.
The deceased did not marry after the will was made.
7.
The deceased left an estate within the Territory the value of which is under $
(amount – state the gross value of assets) being (give brief details e.g. real
estate, superannuation, motor vehicle, money in bank account etc.)
___________________________________________________________________
PROMISED ON
…………………………………
DEPONENT
………..............………..........
WITNESS
-28.
I am over 18 years of age.
9.
The deceased died on (date) aged (number) years.
PROMISED at (place)
in the Northern Territory of Australia
on
BEFORE ME:
Commissioner for Oaths/Justice of the Peace
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
PROBATE JURISDICTION
DARWIN REGISTRY
No
of 2013
THE ESTATE of the late
(full name in capitals)
late of (address)
in the Northern Territory
of Australia, (occupation),
deceased
______________________________
AFFIDAVIT OF EXECUTOR
______________________________
(full name in capitals of)
(applicant)
(address)
(telephone)
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
PROBATE JURISDICTION
DARWIN REGISTRY
No.
of 2013
THE ESTATE of the late
(full name in capitals)
late of (address) in the
Northern Territory of
Australia, (occupation)
deceased
AFFIDAVIT OF DEATH
DEPONENT:
DATE PROMISED:
I, (full name in capitals) of (address) in the Northern Territory of Australia,
occupation, PROMISE THAT 1.
I was well acquainted with (full name in capitals) late of (address) for
(number) years.
2.
I saw his/her dead body on the day he/she died, that is to say on (date).
3.
I believe that he/she is (full name in capitals) referred to in the certificate of
registration of death which is annexed hereto and marked with the letter "A".
4.
I am not interested in the estate.
OR
1.
I was well acquainted with (full name in capitals) late of (address) for
(number) years.
2.
I believe that he/she is (full name in capitals) referred to in the certificate of
registration of death which is annexed and marked "A".
PROMISED at (place)
in the Northern Territory of Australia
on
BEFORE ME:
Commissioner for Oaths/Justice of the Peace
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
PROBATE JURISDICTION
DARWIN REGISTRY
No.
of 2013
THE ESTATE of the late
(full name in capitals)
late of (address) in the
Northern Territory of
Australia, (occupation)
deceased
This is the Annexure marked
with the letter “A” referred to
in the Affidavit of
promised before me this day
of
2013.
Commissioner for Oaths/Justice of the Peace
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
PROBATE JURISDICTION
DARWIN REGISTRY
No
of 2013
THE ESTATE of the late
(full name in capitals)
late of (address)
in the Northern Territory
of Australia, (occupation),
deceased
______________________________
AFFIDAVIT OF DEATH
______________________________
(full name in capitals of)
(applicant)
(address)
(telephone)
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
PROBATE JURISDICTION
DARWIN REGISTRY
No
of 2013
THE ESTATE of the late
(FULL NAME IN BOLD AND
CAPITALS) late of (address) in the
Northern Territory of Australia,
(Occupation), deceased
On
the will dated (date on will) (a true copy of which
is annexed) of (FULL NAME IN BOLD AND CAPITALS) late of (address) in the
Northern Territory of Australia , (Occupation), deceased, who died on (date) and
who had at the time of his/her death real and personal estate (AS THE CASE MAY
BE) within the jurisdiction promised not to exceed in total value the sum of $
(gross total of estate) was proved by (FULL NAME IN BOLD AND CAPITALS) of
(address) in the said Territory the executor/s (AS THE CASE MAY BE) appointed by
the deceased’s will, he/she/they having first promised that he/she/they would well
and truly collect and administer according to law the estate of the deceased.
GIVEN under the Seal of the Supreme
Court of the Northern Territory of Australia
on
REGISTRAR OF PROBATES
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
PROBATE JURISDICTION
DARWIN REGISTRY
No
of 2013
THE ESTATE of the late
(FULL NAME IN BOLD AND CAPITALS)
late of (address) in the Northern Territory of
Australia, (Occupation), deceased
_________________________________
PROBATE
__________________________________
(full name in capitals of applicant/s)
(address must be in the Territory)
(telephone)
(facsimile)
Download