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Grant of probate - application by executors only.

Documents to be lodged:

 

(1) Death cert

 

(2) Original will

To be marked by applicant and commissioner
where will already proved in another jurisdiction copy of the will sealed and certified by the court where it was proved to be marked - a sealed and certified copy of the grant which issued in that jurisdiction should also be lodged

(Order 79 rule 37).

(3) Engrossment of will

Photocopy of will or typed engrossment certified by solicitor to be a true copy

(4) Oath for executor -
(form No. 3 Appendix Q of Rules)

Heading to include  name of deceased and any (variation of same, address of deceased and any former address referred to in will occupation) of deceased and applicant, full filing clause. Date of death value of property, gross assets to be included

(5) Copy of oath for executor

 

(6) Renunciation of executor (if applicable) (Form No. 18 Appendix Q of Rules)

to be exhibited and marked by applicant (if applicable) - and commissioner

(7)  CA24 Schedule of assets -

Date of death values. Copies of vouching documents should not be included except where any questions is answered by stating 'see attached'.  A copy of 'attached' document should be lodged

(8) CA6 - Schedule of lands - (part 6 of CS 24)

Value in column 12  should be the same as value in CA24

(9) Affidavit of Attesting Witness (If required) - (Form No. 2 Appendix Q of the Rules)

Always required where

i. no or defective attestation clause (Order 79 Rule 6)
ii. Blind or illiterate testator - affidavit to confirm will read over to testator (Order 79 Rule 63)
iii. Will written in loose sheets of paper (affidavit to confirm all sheets present at time of execution)
iv. Where will written on front side only of paper and attestation clause does not confirm number of pages
v. Where testator's signature is weak or feeble - affidavit should confirm testator was of sound mind, memory etc and that the will was read over to the testator etc. (all affidavits of attesting witness should cover due execution)

(see pages 22 and 72 'Probate Practice in a Nutshell' Mongey)

(10) Affidavit of Plight and Condition (if required)

required where pinholes/paper clip marks, and torn edges etc.

(11) Affidavit of Testamentary Capacity (Forms No. 23 and 24 'Probate Practice in a Nutshell' Mongey

required where deceased was a ward of court died in a mental institution or suffered from a mental illness. To be sworn by doctor attending testator at time of execution of will. If the deceased was not attending a doctor at that time or the doctor is deceased the affidavit can be sworn by the solicitor who prepared the will. If the solicitor makes such an affidavit reference should be made to the whereabouts etc. of the doctor

(12) Charitable Bequest Form

required where deceased was a ward of court died in a mental institution or suffered from a mental illness. To be sworn by doctor attending testator at time of execution of will. If the deceased was not attending a doctor at that time or the doctor is deceasedthe affidavit can be sworn by the solicitor who prepared the will. If the solicitor makes such an affidavit reference should be made to the whereabouts etc. of the doctor

(13) Charitable Bequest Form

where charitable bequests in will

(14) Fees

(see Seat Office fees table on probate fees page)

 

This page updated: 25 June 2009