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Forms for Renouncing Probate in Australia: The Complete Guide

Forms for renouncing probate in Australia depend on the state or territory you are acting as executor. To renounce probate, you need to complete forms that are prescribed by the probate court.

What is a prescribed form?

A prescribed form is a legal document by the Court to fulfil requirements under the relevant statute laws. We’ve put together a full list of the necessary forms for renouncing probate in Australia below.

Forms for Renouncing Probate in Australia

Renouncing probate forms in New South Wales

To renounce probate in NSW, wownload the Renunciation of Probate Form 123 from the New South Wales Supreme Court‘s List of Approved Uniform Civil Procedure Forms.

If you are renouncing and the NSW Public Trustee is to be the executor, use Renunciation in favour of NSW Trustee & Guardian Form 124.

Court forms for renouncing probate in South Australia

In South Australia, the Courts Administration provides a complete list of any necessary forms relation to Probate Rules. You can find links to the forms below. It’s best to consult with a legal professional to best understand which applies to your situation.

Form 47 – Renunciation of probate

Form 48 – Renunciation of probate by a trust corporation

Form 49 – Renunciation of letters of administration with the will annexed

Court forms for renouncing probate in Victoria

The Supreme Court of Victoria has a helpful page full of information on Wills and Probate in the state of Victoria. To renounce probate in Victoria, you need to complete the form below:

Renunciation of Probate

Court forms for renouncing probate in Queensland

In Queensland, the Wills and Probate Registry of the Supreme Court has a step-by-step process to help you file probate. In addition, you can find Form 114 and Form 115 to renounce Probate in queensland.

Court forms for renouncing probate in ACT

In the Australian Capital Territory, information and forms to renounce probate are searchable on on the ACT Supreme Court website. The Courts Procedures Rules 2006, form 3.15 is required for renunciation of probate.

Court forms for renouncing probate in Tasmania

The Supreme Court of Tasmania website includes information for renouncing probate. The Probate Forms page contains the Renunciation of Probate or Letters of Administration with the will annexed form.

Court forms for renouncing probate in Western Australia

At the moment, the Probate Registry for the Supreme Court of Western Australia does not provide a specific form for renouncing probate in its Probate forms.

Court forms for renouncing probate in Northern Territory

The Supreme Court of the Northern Terriotry provides probate information for Darwin and Alice Springs. The registry also includes information regarding wills and probate in NT and important probate forms.

Next Steps

To save yourself the hassle with probate in Australia, contact Willed. You can discuss forms for renouncing probate in Australia or apply for a grant of probate from the comfort of your couch with the help of our expert estate planning lawyers. Contact us today to get fixed fee quote.

Disclaimer: The content of this blog is intended to provide a general guide to the subject matter. This blog should not be relied upon as legal, financial, accounting or tax advice.

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