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ARTICLE · 04 APRIL 2020

NSW deceased estate law and litigation update

A new form of case management should facilitate the quick, just and cheap resolution of contested probate cases in NSW.

AustraliaLitigation, Mediation & Arbitration

Contested Probate

It was foreshadowed by the NSW Supreme Court (Court) at the end of 2019 that a new form of case management for contested probate cases would be introduced in 2020.  The aim was to introduce a more rigorous form of case management to facilitate the quick, just and cheap resolution of contested probate cases.

In early 2020, the Court website advised that from 3 February 2020, the Probate List would be case managed by the Probate List Judge (who would take over the List from the senior deputy registrar in probate).

The Court website also published in its probate section a practice guide titled Probate List Guidelines.  Appendices to the Guidelines provide a form of Disclosure Statement (Appendix A) and Standard Form Orders (Appendix B).

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