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Succession → Grant of probate (testacy) → Procedure and precedent court documents
Overview — Procedures and precedent court documents

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.




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