(1) An affidavit in support of an
application for probate or letters of administration with the will must—
(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
(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 2003or a corresponding law
of another jurisdiction—have, as an exhibit, a certified copy of the
certificate.
(2) In addition, a copy of whichever of the following documents
is relevant must be an exhibit—
(a) the original will;
(b) any codicil;
(c) any other document that may be a will or codicil.
(3) For each copy of a
document exhibited to the affidavit under subrule (2) —
(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.
(4) A copy of
a document mentioned in subrules (2) and (3) (b) —
(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.
