Applying for a Grant of Probate – Solicitor

Step 1 of 5: Check this is the right grant

When a person dies leaving a valid will and an executor is appointed, the executor may apply for a Grant of Probate. Once the grant issues, the executor administers the estate according to the will.

Use a Grant of Probate if:

• there is a valid will; and
• one or more executors are named in the will; and
• at least one executor is willing and able to act.

If no executor can act, a different grant is required (for example, Grant of Administration with Will Annexed).

Step 2 of 5: Gather all required documents

Applications missing documents will be delayed or returned. Use this checklist to ensure you have everything needed.

Documents you must include

• Notice of application — probate (current version).
• Oath of executor (original only).
• Original will and any codicils.
• One engrossment of the will (copy certified by a solicitor as a true copy).
• Original death certificate or interim coroner’s certificate (copies not accepted).
• Revenue Notice of Acknowledgement (SA.2) for deaths on or after 5 December 2001.
• Inland Revenue Affidavit (CA24) for deaths before 5 December 2001.
• The correct probate fee.

Documents needed only in certain circumstances

• Affidavit of testamentary capacity if:
  • the will was made within 10 years of death and the death certificate mentions cognitive impairment; or
  • the will was made in a solicitor’s office within 5 years of death and the death certificate mentions Alzheimer’s, dementia or cognitive impairment.
• Affidavit of attesting witness if there is no valid attestation clause.
• Affidavit of plight and condition if the will is damaged or appears altered.
• Renunciation form if an executor renounces.
• Court / Probate Officer’s Order (Order 79) for specialised applications.

Step 3 of 5: Check everything is consistent

Before lodging the application, ensure all documents agree with each other. Small inconsistencies may cause delays.

Important things to check

• Title: Must correctly describe entitlement (see Step 4).
• Jurat: Must be complete and error-free. See examples.
• Exhibits: All exhibits must be signed by the applicant and commissioner. No exhibit sheets allowed.
• Names and addresses: Must match across will, death certificate, oath, SA.2/CA24 and affidavits.
• Fees: Correct fee must be included.
• SA.2: Must be the most recent version issued by Revenue.

Step 4 of 5: Prepare the oath, title, will and renunciations

Oath – probate applications

The oath must be lodged in its original form. It confirms that the executor will faithfully administer and account for the estate.

Requirements for completing the oath

• Names and addresses must match all documents.
• Confirm the deceased did not enter a civil partnership after the will.
• Ensure the title is correct (examples below).
• Names in the oath must match the will and death certificate.
• Date and place of death must match the death certificate.
• State the applicant’s relationship to the deceased.
• Gross estate figure must match the SA.2.
• Jurat must comply with S.I. No. 95 of 2009. See examples.
• Complete the filing clause.
• Every exhibit must be signed and dated and cited in the oath.

Title – probate applications

The oath must state why the applicant is entitled to extract the grant.

Example titles (single applicant)

• "I am the sole executor named in the said will."
• "I am the sole surviving executor."
• "I am one of the executors named in the said will, reserving the rights of the other executor(s)."
• "I am one of the executors… AB having duly renounced…"
• "I am the substituted executor…"
• "I was a partner in the firm of AB Solicitors…"
• "I was the sole principal in the firm of AB Solicitors…"

Example titles (multiple applicants)

• "We are the executors named in the said will."
• "We are the surviving executors…"
• "We are two of the executors… AB having duly renounced…"
• "We are the substituted executors…"
• "We are two of the partners in the firm of AB Solicitors…"

Will

Submission

The original will (or a court-certified copy) must be signed by the applicant and commissioner.

Additional documentation (where relevant)

• Affidavit of attesting witness or Court Order where:
  • no valid attestation clause exists;
  • amendments require explanation;
  • the will is in multiple sheets.
• Affidavit of plight and condition if damaged or altered.
• Probate Officer’s Order where:
  • referenced documents must be verified; or
  • the will is in a foreign language.

Renunciation

Renunciation means an executor gives up their right to administer the estate.

How to execute a renunciation

• Use the Renunciation of administration form.
• Must be signed in the presence of a neutral witness.
• Must be correctly exhibited in the oath.

Stale renunciations

• 1–3 years old: solicitor letter written consent.
• More than 3 years old: new renunciation required.

Step 5 of 5: Prepare affidavits (if needed)

Affidavit of testamentary capacity

Required when:

• the person died in a psychiatric hospital; or
• the will was made within 10 years of death and cognitive impairment is noted; or
• the will was made in a solicitor’s office within 5 years and impairment is noted.

Must be sworn by a doctor and explain their knowledge of the deceased.

Affidavit of attesting witness

• Sworn by someone present at execution of the will.
• Addresses issues raised by the Probate Office.

Affidavit of plight and condition

• Sworn by someone with knowledge of the circumstances.
• Explains damage, alterations, or concerns with the will.

Refer to examples of correct and incorrect jurats where available.