sec.602Contents of supporting affidavit

### sec.602 Contents of supporting affidavit An affidavit in support of an application for probate or letters of administration with the will must— state the following— that the will identified in the affidavit is the last will of the deceased; 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; for an application for letters of administration with the will—the grounds on which the applicant is entitled to the grant in priority to anyone else or, if the applicant does not claim priority, the facts on which the applicant relies for the making of the grant; and for an application for probate—identify the applicant as being the executor named or identified in the will; and if a certificate of the deceased’s death is issued under the Births, Deaths and Marriages Registration Act 2003 or a corresponding law of another jurisdiction—have, as an exhibit, a certified copy of the certificate. In addition, a copy of whichever of the following documents is relevant must be an exhibit— the original will; any codicil; any other document that may be a will or codicil. For each copy of a document exhibited to the affidavit under subrule (2) — the original document must also be filed when the affidavit is filed; and an additional copy of the document must be given to the registry. A copy of a document mentioned in subrules (2) and (3) (b) — if the original document is a written document—may be a legible photocopy of the document; or otherwise—must be a legible transcription of the contents of the document. r 602 amd 2007 SL No. 96 s 16 ; 2014 SL No. 320 s 14 (sec.602-ssec.1) An affidavit in support of an application for probate or letters of administration with the will must— state the following— that the will identified in the affidavit is the last will of the deceased; 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; for an application for letters of administration with the will—the grounds on which the applicant is entitled to the grant in priority to anyone else or, if the applicant does not claim priority, the facts on which the applicant relies for the making of the grant; and for an application for probate—identify the applicant as being the executor named or identified in the will; and if a certificate of the deceased’s death is issued under the Births, Deaths and Marriages Registration Act 2003 or a corresponding law of another jurisdiction—have, as an exhibit, a certified copy of the certificate. (sec.602-ssec.2) In addition, a copy of whichever of the following documents is relevant must be an exhibit— the original will; any codicil; any other document that may be a will or codicil. (sec.602-ssec.3) For each copy of a document exhibited to the affidavit under subrule (2) — the original document must also be filed when the affidavit is filed; and an additional copy of the document must be given to the registry. (sec.602-ssec.4) A copy of a document mentioned in subrules (2) and (3) (b) — if the original document is a written document—may be a legible photocopy of the document; or otherwise—must be a legible transcription of the contents of the document. - (a) state the following— (i) that the will identified in the affidavit is the last will of the deceased; (ii) 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; (iii) for an application for letters of administration with the will—the grounds on which the applicant is entitled to the grant in priority to anyone else or, if the applicant does not claim priority, the facts on which the applicant relies for the making of the grant; and - (i) that the will identified in the affidavit is the last will of the deceased; - (ii) 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; - (iii) for an application for letters of administration with the will—the grounds on which the applicant is entitled to the grant in priority to anyone else or, if the applicant does not claim priority, the facts on which the applicant relies for the making of the grant; and - (b) for an application for probate—identify the applicant as being the executor named or identified in the will; and - (c) if a certificate of the deceased’s death is issued under the Births, Deaths and Marriages Registration Act 2003 or a corresponding law of another jurisdiction—have, as an exhibit, a certified copy of the certificate. - (i) that the will identified in the affidavit is the last will of the deceased; - (ii) 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; - (iii) for an application for letters of administration with the will—the grounds on which the applicant is entitled to the grant in priority to anyone else or, if the applicant does not claim priority, the facts on which the applicant relies for the making of the grant; and - (a) the original will; - (b) any codicil; - (c) any other document that may be a will or codicil. - (a) the original document must also be filed when the affidavit is filed; and - (b) an additional copy of the document must be given to the registry. - (a) if the original document is a written document—may be a legible photocopy of the document; or - (b) otherwise—must be a legible transcription of the contents of the document.