Supreme Court Rules 2000

The plaintiff and any person who files a notice of appearance in a probate action is to swear an affidavit – describing any testamentary script of the deceased person of which the deponent has any knowledge; and exhibiting any such script if it is in the possession, or under the control, of the deponent; and giving the name and address of any person other than the deponent who has possession or control of any such script; and if the deponent does not know the name or address of any person who has possession or control of any such script, stating that fact; and if the deponent knows of no such script, stating that fact.

An affidavit is to be filed – within 14 days after the filing of a notice of appearance by a defendant; or if no defendant enters an appearance, before an application for judgment is made.

Except with the leave of the Court or a judge, a party to a probate action may not inspect an affidavit filed by any other party to the action, or any testamentary script annexed to the affidavit, until that party has filed an affidavit under subrule (1).

In this rule,testamentary script means – a will or draft will; or written instructions for a will made by or at the request or under the instructions of the testator; or any document purporting to be evidence of the contents, or to be a copy, of a will which is alleged to have been lost or destroyed.