Christine Page and Simon Singer, Directors, David Landa Stewart
Ken Collins, Principal, Wills & Probate Victoria, Lawyers (Vic)
Caite Brewer, Callinan Chambers, Barrister and Angela Cornford-Scott, Director, Cornford-Scott Lawyers (Qld)
Morgan Solomon, Director Solomon Hollett Lawyers (WA)
Rosemary Caruso, Consultant, Tindall Gask Bentley Lawyers (SA)
Maria Dwyer and Christine Schokman, Senior Associates, Ogilvie Jennings Lawyers (Tas)
Andrew Freer, Director and Erin Bedford, Associate, KJB Law (ACT)
Documents required in simple application for grant
New South Wales
This subtopic identifies and explains the documents that are required for a simple application grant of probate, including:
Form 111 — Summons;
Form 118 — Affidavit of executor;
Form 117 — Inventory of property;
will and any codicil; and
Form 112 — draft Grant of probate, letters of administration or letters of administration with the will annexed.
Victoria
In some circumstances, the court may require further evidence and thus the following documents may need to be provided:
notice of intention to apply for probate;
originating motion — probate;
order;
affidavit of applicant for probate
inventory of assets and liabilities;
will and any codicil;
certified copy of death certificate;
affidavit of searches and publication; and
grant of probate.
Queensland
This subtopic identifies and explains the documents that are required for a simple application for a grant of probate, including:
Form 103 — Notice of intended application for probate;
Form 104 — Notice of publication and service;
Form 101 — Application for probate (will);
Form 105 — Affidavit (probate application);
will and any codicil; and
death certificate.
Western Australia
This subtopic identifies and explains the documents that are required for a simple application for grant of probate, including:
motion;
affidavit of applicant for probate;
rule 9B statement of Assets and Liabilities;
original will and any codicil;
any other instrument of a testamentary nature; and
original death certificate.
South Australia
This subtopic identifies and explains the documents that are required for a simple application for a grant of probate, including:
Form 36 — Grant;
Form 37 — Executor's Oath;
Form 55 — Affidavit of assets and liabilities; and
Form 57 — Certificate of disclosure Registrar’s certificate.
Tasmania
This subtopic identifies and explains the documents that are required for a simple application for a grant of probate, including:
Notice of intention to apply for a grant or reseal of a grant;
Application for grant or reseal of a grant;
Affidavit in support of an application for probate;
Inventory of assets and liabilities (to be annexed to the Affidavit in support);
Original will (and any codicil) and an A4 photocopy of the original will as an exhibit; and
Original record of death (to be annexed to the Affidavit in support).
Australian Capital Territory
This subtopic identifies and explains the documents that are required for a simple application for a grant of probate, including:
Form 3.7— Notice of intention to apply for probate;
Form 3.1 — Originating application — probate;
Form 3.11 — Affidavit of applicant for probate
Form 3.11 — Inventory of property;
will and any codicil;
Form 3.14 — Affidavit of search; and
Form 3.4 — Grant of probate.
See Documents required in simple application for grant of probate.
Additional documents that may be required
New South Wales
In some circumstances, the court may require further evidence and thus the following documents may need to be provided:
Form 106A — Affidavit of additional assets;
Form 132 — Affidavit of attesting witness;
affidavit as to identity of signature;
affidavit as to due execution of will;
affidavit of delay;
Form 123 — Renunciation of probate; or
documents where there is an informal testamentary document.
Victoria
In some circumstances, the court may require further evidence and thus the following documents may need to be provided:
affidavit as to due execution of will;
affidavit of delay;
renunciation of probate; and
documents where there is an informal testamentary document.
Queensland
In some circumstances, the court may require further evidence and thus the following documents may need to be provided:
Form 107 — Affidavit of signing witness;
Form 108 — Affidavitof handwriting;
Form 110 — Affidavit of plight; or
Form 114 — Renunciation.
Western Australia
In some circumstances, the court may require further evidence and thus the following documents may need to be provided:
affidavit of attesting witness;
affidavit as to identity of signature;
affidavit as to due execution of will;
affidavit of plight and condition;
renunciation of probate; and
documents where there is an informal testamentary document or other document of a testamentary nature.
South Australia
In some circumstances, the court may require further evidence and thus the following documents may need to be provided:
Form 1 — Affidavit of due execution (and knowledge of contents);
Form 2 — Affidavit of plight condition and finding;
Form 3 — Affidavit of alias;
Form 47 — Renunciation of probate; or
Form 56 — Affidavit of additional assets and liabilities.
Tasmania
Australian Capital Territory
In some circumstances, the court may require further evidence and thus the following documents may need to be provided:
Form 6.11 — Affidavit of attesting witness;
Form 6.11 — Affidavit as to identity of signature;
Form 6.11 — Affidavit as to due execution of will;
Form 6.11 — Affidavit of delay;
Form 3.15 — Renunciation of probate; and
documents where there is an informal testamentary document.
See Additional documents that may be required.