I am applying for Grant of Probate where 2 Execs have been named. The deceased passed away in QLD. 1 Exec is based in QLD and the Other NSW. Notice of intention to apply for Grant drafted and ready to be advertised in QRP and copy to Public Trustee. Here’s where I’m confused. For the Affidavits as execs live in different states, can 1 affidavit be used - signed and witnessed in QLD then posted to NSW and signed and witnessed there before being submitted to the Supreme Court? Or is there another way to do it? Also Certificate of Exhibits, same question and does each exhibit need a seperate form eg will and death certificate or can they both be on the same certificate as A and B? Many Thanks.
QLD Grant of Probate Affidavits
- Thread starter Charlie Elizabeth
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You’ll need two affidavits.
I’d have the executor in Queensland execute an affidavit annexing the original death certificate, and the NSW one annex a copy and state the original is annexed to the affidavit of the other, named executor. Both affidavits annex a copy of the will.
Each annexure needs its own certificate.
I’d have the executor in Queensland execute an affidavit annexing the original death certificate, and the NSW one annex a copy and state the original is annexed to the affidavit of the other, named executor. Both affidavits annex a copy of the will.
Each annexure needs its own certificate.
Thanks for the information. There seems to be room on the Affidavits for 2 execs but I’m guessing that is when people sign and affirm at the same time, in the same place?
This step is very confusing. To be clear the death certificate needs a certificate of exhibit and the Will needs a seperate certificate of exhibit. Do copies of bank statements also need to be included as a seperate exhibit?
This step is very confusing. To be clear the death certificate needs a certificate of exhibit and the Will needs a seperate certificate of exhibit. Do copies of bank statements also need to be included as a seperate exhibit?
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I can't think of any situation where you should have more than one deponent on an affidavit - even if it may be technically allowable. It's simply not good practise in my opinion.
Each exhibit to an affidavit in the Queensland Supreme Court needs its own certificate of exhibit. Do not exhibit the original will to the affidavit - you exhibit a copy and lodge the original will separately with the documents.
Each exhibit to an affidavit in the Queensland Supreme Court needs its own certificate of exhibit. Do not exhibit the original will to the affidavit - you exhibit a copy and lodge the original will separately with the documents.
Thanks Rob. The information you have given is so very helpful. I have been searching for weeks for answers. Your help is most appreciated,
If I may ask 2 more questions. The QLD Supreme Court Step by Step Guide to Probate does not make reference to including any financial particulars of the Estate. It only mentions the Will and Death Certificate. I’ve never done this before but I’m guessing the Court will want Bank Statements? If so, are they just an Exhibit? A car was gifted to a beneficiary under the Gift Section. Do we need to include Red Book value of the car or not as it was a gift?
Also there is a footer on each template downloaded from the QLD Court website. it is light grey when you download the word doc. Do we need to put details in this section Name, Address, Phone No, Email or if the footer for the Court to fill?
Many Thanks in advance for your time,
First: There's no need to put any financial information in. All probate is for is to prove the will is valid and to formalise the appointment of the relevant executors as the personal representatives. It's then up to them to deal with the estate. The Court doesn't need to know anything about it unless there's a challenge or maintenance claim.
Second: That's for the details of the party filing the documents to complete with their contact details. This lets the Court know who to communicate with if there is an issue.
Second: That's for the details of the party filing the documents to complete with their contact details. This lets the Court know who to communicate with if there is an issue.
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