40Supporting affidavit for probate or letters of administration with will annexed

40 Supporting affidavit for probate or letters of administration with will annexed

(1)  An affidavit in support of an application for probate or letters of administration with the will annexed is to be –

(a) made by the applicant; and

(b) in an approved form.

(2)  In addition to the requirements of Part 5 and subrule (1) , the affidavit in support of an application for probate or letters of administration with the will annexed must contain the following matters:

(a) the name, and details of the relationship to the deceased, of the applicant;

(b) if the applicant is a natural person, a statement that he or she has attained the age of 18 years;

(c) a statement of the capacity in which the applicant applies for a grant with the will annexed, providing the following particulars if necessary in the circumstances:

(i) in the case of an application for probate, the facts that establish the applicant's entitlement to the grant, and account for the failure of the executor, or some of the executors, to apply for the grant;

(ii) in the case of an application for letters of administration with the will annexed, the facts that establish the applicant's entitlement to the grant and account for the failure of each person who has an equal or higher priority of entitlement to apply for the grant;

(d) particulars of the date and place of the deceased's death or, if the date of death is not known –

(i) the date on which the deceased was last seen alive; and

(ii) if known, the date on which the deceased's body was found;

(e) a statement that the deceased left property in Tasmania;

(f) a statement identifying the last will of the deceased, giving the particulars of codicils and other testamentary disposition in relation to the will;

(g) a statement that the will has not been revoked by the operation of law, including –