QLD affidavit supporting probate application form 105

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legendo

Member
28 September 2020
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1
in clause 5 can i completly delete the clause as it does not apply to me as i am the deceased daughter, plus in clause 4 there i s no evidence suggesting lack of testamentery capacity so do i answer clause 4 ? thankyou
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
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Re clause 4: You can delete it if you are not aware of any circumstances which might call capacity into question.

Re clause 5: Instead of the type of wording in the example, here you can deal with any prior executor named in the will if there is any. For example, if your father is the deceased and your mother was the first executor named in the will (but had died previously), you would state the details of her predeceasing and
annex a copy of her death certificate. If you're the sole, primary executor - no need to worry.