3010Grant of representation—supporting affidavit for

3010 Grant of representation—supporting affidavit for (1) An affidavit made by a person supporting an application by the person for grant of representation for the estate of a deceased person must state the following: (a) the date of death or, if the date of death is not known, the circumstances of death and the place of death of the deceased person; (b) if the applicant is an individual—that the applicant is an adult; (c) the relationship (if any) of the applicant to the deceased person; (d) if a death certificate for the deceased person is annexed to the affidavit—that the deceased person is the person named in the death certificate; (e) if the application is made, for the first time, more than 6 months after the date of the deceased person’s death—the reasons for the delay; (f) whether the deceased person left property in the ACT; (g) if the deceased left property in the ACT—the estimated gross value of the property in the ACT; (h) whether the deceased person considered that the person’s domicile was in the ACT;

(i) if the application is made by the applicant as a guardian of a person to whom rule 3116 (Grant of administration—grant to child) applies—evidence that the applicant is the person’s guardian; (j) if the application is made by the applicant as a creditor of the deceased person—the following particulars: (i) that the applicant is a creditor of the deceased person; (ii) the amount of the debt owed by the deceased person to the applicant; (iii) the particulars of the debt; (k) that, if the applicant is granted probate of the will or administration of the estate, the applicant will administer the estate according to law and, if required, will give an account of the administration to the court; (l) that notice of intention to make the application was published online on the ACT Supreme Court website, and the date the notice was published; (m) brief details of any responses to the publication of the notice from creditors of the estate. • approved form 3.11 (Affidavit of applicant for probate) AF2022-1. • approved form 3.12 (Affidavit of applicant for administration—with will) AF2022-2. • approved form 3.13 (Affidavit of applicant for administration—no will) AF2022-3.

Note 2 The following provisions may require additional matters to be dealt with in the supporting affidavit: • r 3007 (3) (b) (Grant of administration—notice of intention to apply to be served on non-applicant domestic partner or next of kin) • r 3008 (3) (b) (Grant of administration—notice of intention of creditor to apply to be served on domestic partner and next of kin) • r 3009 (3) (b) (Grant of representation—when notice of intention to apply to be served on public trustee and guardian). (2) If the applicant is applying for grant of probate or letters of administration with the will annexed for the estate of the deceased person, the affidavit must also state the following: (a) the document accompanying the application and signed in the margin by the applicant and the person taking the affidavit is the last will of the deceased person; (b) if the application is for grant of probate—the applicant is the executor, or 1 of the executors, named in the will; (c) the will has not been revoked; (d) the applicant is, or is not, aware of the existence of any other document claiming to contain the testamentary intentions of the (e) the steps taken to find out whether there is any other document mentioned in paragraph (d); (f) how the applicant identified the will; (g) the names of the people who attested the will; (h) the names and addresses (if known) of the people named in the will as the executors; (i) if the application is not made by the executor or all of the executors of the will—the reason the executor is not, or the other executors are not, applying for probate;