Affidavit of executor or administrator with the will annexed
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 —
that the applicant (if a natural person) has attained the age of 18 years; and
the date of birth of the testator; and
the death of the testator, and the date and place of his death; and
that the testator has left a will and the date the will was executed; and
whether there is any codicil to the will and, if there is, the date the codicil was executed; and
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
that the testator did not marry after the will was executed; and
whether the testator was married at the time the will was executed; and
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
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
that the will and any codicil sought to be proved is not revoked by any later will; and
that the testator left estate within Western Australia; and
that the applicant, if given a grant, will administer the estate according to law; and
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
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.]
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