Western Australian Current Regulations

NON-CONTENTIOUS PROBATE RULES 1967 - REG 8

8 .         Affidavit of executor or administrator with the will annexed

                An application for probate or for letters of administration with the will annexed shall be supported by an affidavit (accompanied by the will and any other instrument of a testamentary nature) setting forth — 

                  (i)         that the applicant (if a natural person) has attained the age of 18 years; and

            (iia)         the date of birth of the testator; and

                  (ii)         the death of the testator, and the date and place of his death; and

                  (iii)         that the testator has left a will and the date the will was executed; and

                  (iv)         whether there is any codicil to the will and, if there is, the date the codicil was executed; and

                  (v)         the names of the executor and of the subscribing witnesses to the will and the true place of abode (if reasonably ascertainable) of each of them at the time the affidavit is sworn; and

            (via)         that the testator did not marry after the will was executed; and

            (vib)         whether the testator was married at the time the will was executed; and

            (vic)         if the testator was married at the time the will was executed, whether the marriage ended for the purposes of the Wills Act 1970 section 14A(2) after the will was executed; and

            (vid)         if the testator was married at the time the will was executed and the marriage did end for the purposes of the Wills Act 1970 section 14A(2) after the will was executed, the date the marriage ended; and

            (vie)         that the will and any codicil sought to be proved is not revoked by any later will; and

                  (vi)         that the testator left estate within Western Australia; and

                  (vii)         that the applicant, if given a grant, will administer the estate according to law; and

                  (viii)         that no application for probate or administration in the matter has previously been made, or if there has been a previous application, the full particulars thereof; and

                  (ix)         in the case of a application for letters of administration with the will, the reason why the executor (if any) does not apply and the capacity in which the applicant claims to be entitled, and also, where the applicant is a natural person, the gross value of the estate in Western Australia.

        [Rule 8 amended: Gazette 18 December 1970 p. 3815; 20 October 1972 p. 4159; 27 Nov 2009 p. 4787-8.]