New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 3.6

3.6 Filing of wills

(1) This rule applies to a will that is required to be filed in the court together with an application for probate of the will, or for administration of a person’s estate with the will annexed, if the application is, but the will is not, filed by means of the ECM system.

(2) A will to which this rule applies must be filed in the court:

(a) at least 2 days before the date of the next hearing in the proceedings in which the will is intended to be used, or

(b) within 7 days after the date on which the application is filed by means of the ECM system, or

(c) within such earlier time as the court may by order direct,

whichever first occurs.

(3) If the application is filed by a legal practitioner, the legal practitioner is taken:

(a) to have affirmed to the court that he or she has possession of the will, and

(b) to have undertaken to the court that, if the court so directs, he or she will file the will in accordance with the court’s directions.