44Deceased a minor at execution of will

44 Deceased a minor at execution of will

If the deceased was a minor at the date of the execution of his or her will, the affidavit supporting the application for probate or letters of administration with the will annexed, in addition to the requirements of rule 40 , must –

(a) state the relevant statutory provision relied on to assert that the will of the deceased is valid; and

(b) state the facts and circumstances relied on to establish the validity of the will of the deceased; and

(c) include, as an annexure to the affidavit, a certified copy of each of the following documents:

(i) the deceased's birth certificate given under the Births, Deaths and Marriages Registration Act 1999 , or an equivalent document under a corresponding law;

(ii) if the deceased was married, the certificate of marriage given under the Births, Deaths and Marriages Registration Act 1999 , or an equivalent document under a corresponding law, if any;

(iii) any lawfully recognised order or document that is relevant in the circumstances;

(iv) any of the material providing evidence of the circumstances asserted to support the validity of the will.