QLD Application for Probate

[Mark H]

I am currently trying to prepare the documentation for application for Probate with the will. I have completed the court documents to the best of my ability but have some questions.
- I do not want to mark the original documents in any way, do I simply complete a Form 47 V.2 Certificate of Exhibit for each and place them together in order or must I write 'Exhibit A' on the original will, for example?
- And in reference to the Form 47; in the footer who do I record it as being 'Filed on Behalf of'; the Plaintiff or my name?
- And thirdly, all of the documents have a place on the top right for 'Registry', which in my case will be Brisbane and then a place for 'Number', what is this?
Thanks.

 

[Rob Legat - SBPL]

1. DO NOT, repeat DO NOT, mark the original will in any way - whether that's by writing, stapling, paper clip or anything else. In fact, put it in a envelope/plastic pouch, lock it away until needed for filing, and always treat it with kid gloves. Otherwise, you may get requisitioned by the court to explain the situation.

You exhibit a photocopy of the will to the affidavit in support of probate, and you file the original will with the documents (still in the secure pouch).

2. It will be filed on behalf of the executors. Put your details. And you're not the Plaintiff - you're the Applicant (to be pedantic - but it's the correct terminology).

3. Don't fill in the number. This is the number allocated by the Court upon filing - they'll fill it in (but you still need to have the word 'Number:").

 

[Mark H]

Thanks Rob.
The will is suitably protected!
Does the photocopy of the will need to be marked as an exhibit or is it being in sequence with the Certificate of Exhibit enough?
And should the Death Certificate be equally protected?
Thanks

 

[Rob Legat - SBPL]

- No, that's what the Form 47 is for - to identify the exhibit.
- Not to the same degree, but just like any other official document.

 

[Mark H]

So what is the best way to attach Form 47 to each of the actual exhibits?

 

[Mark H]

And, does it matter if documents are dates and witnessed prior to the notice periods as long as they are not lodged prior?

 

[Rob Legat - SBPL]

1. I staple the whole affidavit together including exhibits - including the original death certificate. Nothing, though, that I tend to order two death certificates for the express purpose that one is going to the Supreme Court.

Not completely necessary. Once you get probate, you won't need the death certificate anymore.

2. Maybe. You can't depose as to having done something that hasn't happened yet. Other than that it can be okay. Very situational and not something I'd recommend without great care.

 

[Mark H]

Excellent - thank you very much. Probably everyday for you but a slightly different world for the rest of us to navigate.