You will need to click the ‘Add further information’ button and provide information in the space provided on RedCrest-Probate about the capacity in which the plaintiff applies. You should also include this information in your affidavit in support.
Click on the reason the plaintiff can apply below to view an example of the further information required:
You will need to provide the name of the beneficiary the plaintiff is the legal personal representative of.
Example: This application is made by the plaintiff in their capacity as the legal personal representative of Jesse Citizen, a beneficiary named in the will of the deceased.
You will need to provide the name of the sole beneficiary.
Example: Jesse Citizen is the sole beneficiary named in the will of the deceased and this application is made by the plaintiff in their capacity as a person who would be entitled to share in the estate of Jesse Citizen if they were to die without a will.
You do not need to add further information to your advertisement.
You will need to provide the name of the beneficiary who authorised the trustee company.
Example: The plaintiff has been authorised to apply for administration pursuant to s 11 of the Trustee Companies Act 1984 by Jesse Citizen, one of the beneficiaries named in the will.
You will need to provide the name of the donor of the power of attorney and whether they are the executor or beneficiary in the will.
Example: This application is made by the plaintiff in their capacity as the duly constituted attorney under power of Jesse Citizen the executor named in the will.
You will need to provide the name of the organisation the plaintiff is the syndic of.
Example: This application is made by the plaintiff in their capacity as the duly appointed syndic of the Lost Dogs Home, a beneficiary named in the will.
You will only need to provide further information if the creditor is a company and the person applying is representing the company.
Example: This application is made by the plaintiff in their capacity as the duly appointed syndic of the Commonwealth Bank, a creditor of the deceased.
You will need to provide the name(s) of the minor beneficiaries the plaintiff is the natural guardian of.
Example: This application is made by the plaintiff in their capacity as the natural guardian of Jesse Citizen and Jordan Citizen, the minor children of the deceased who are beneficiaries under the will.
You will need to provide the name(s) of the minor beneficiaries the plaintiff is seeking to be the elected or assigned guardian of, and specify whether they apply as an elected guardian or to be assigned guardian.
Example: This application is made by the plaintiff in their capacity as the elected guardian of Jesse Citizen and Jordan Citizen, the minor children of the deceased who are beneficiaries under the will.
Example: This application is made by the plaintiff to be assigned guardian of Jesse Citizen and Jordan Citizen, the minor children of the deceased who are beneficiaries under the will.
You will need to provide the name(s) of the beneficiaries who have nominated the plaintiff.
Example: This application is made by the plaintiff in their capacity as the nominee of Jesse Citizen a beneficiary named in the will.
You do not need to add further information to your advertisement.
You will need to provide further information detailing why this plaintiff is able to apply. It is unusual for a person to be able to apply for a reason other than the reasons listed in the drop down list on RedCrest-Probate. Therefore, we are unable to provide further guidance on what wording to use for the advertisement and affidavit in support.