43Original will detained in foreign court

43 Original will detained in foreign court

(1)  If the original will to which the application for probate or letters of administration with the will annexed relates is not available to be exhibited to the affidavit supporting the application because it is detained in the custody of a foreign court, or foreign official, the applicant must provide each of the following:

(a) in the affidavit, the particulars of the detention of the will;

(b) as an exhibit to the affidavit, a duly authenticated copy of the will;

(c) if the will is in a language other than English, a translation of the will –

(i) from the language of the will into English; and

(ii) certified as a true and accurate translation of the will by the person who undertook the translation.

(2)  A copy of a will is duly authenticated for the purposes of subrule (1)(b) if it is authenticated, to the satisfaction of the Court, a judge or the Registrar, by the foreign court, or foreign official, detaining the will.