41Attachments to supporting affidavit

41 Attachments to supporting affidavit

(1)  Unless otherwise directed by the Court, a judge or the Registrar, and in addition to the requirements of rule 34 , the following documents must be annexed to the affidavit supporting the application for probate or letters of administration with the will annexed:

(a) an original extract of the deceased's death registration record given under the Births, Deaths and Marriages Registration Act 1999 , or an equivalent document under a corresponding law;

(b) an inventory of the assets and liabilities of the deceased's estate in accordance with rule 35 ;

(c) a copy of the published notice of intention in respect of the application, showing the publication date;

(d) if consent has been given in accordance with rule 21 or 25 by a person in relation to the grant, the consent;

(e) if a person has reserved leave under rule 15 , or had leave reserved under rule 16 on his or her behalf, in relation to the grant, the notice so reserving leave;

(f) if a person has renounced his or her entitlement to apply for the grant under rule 17 or 22 , that renunciation.

(2)  The will to which the application relates must be –

(a) exhibited, in an approved form, to the affidavit supporting the application; and

(b) signed by –

(i) the applicant; and

(ii) the person before whom the applicant has sworn the affidavit and exhibited the will to the affidavit.

(3)  If the applicant is unable to comply with subrule (1)(a) , and the Court or a judge has given leave to swear to the death of the deceased under rule 88 , a sealed copy or a Registry-certified copy of the order to that effect must be annexed to the affidavit supporting the application for a grant.