Troubleshooting guide

This page contains solutions for common problems you may encounter when applying for a grant.

Note: This information is general in nature and does not substitute for independent legal advice. While the registrar can help with queries, they don't make a final decision until they receive and consider all documents. Therefore, they may seek further information.

Affidavits

Problem

Solution

Not every person swearing/affirming to evidence in an affidavit has signed every page.

You may need to file a new affidavit with the appropriate documents as exhibits or re-swear/affirm the existing one.

The details of the marriage/civil partnership between the deceased and the applicant/executor are missing from the affidavit.

File a further affidavit referring to the earlier affidavit with the details required using Form 105 - Affidavit (probate application) (DOC, 30KB).

Executors/administrators are not identified or other details are missing from the affidavit.

File a further affidavit referring to the earlier affidavit with the details required using the appropriate affidavit:

The date or place of death doesn’t match the death certificate or is missing.

File a further affidavit using the appropriate affidavit:

Refer to the earlier affidavit and fix any errors by putting the correct details into the relevant forms:

The affidavit does not refer to ‘the true and original last will of…’

File a further affidavit with correct details using the appropriate affidavit:

The deceased has left an estate in Queensland.

File a further affidavit stating, if true, that the deceased left an estate in Queensland using appropriate affidavit:

The name of applicant/s in the affidavit is different than in the will.

File a further affidavit stating to correct the earlier affidavit and state, if true, that they’re the same person using appropriate affidavit:

Applications

Problem

Solution

I’ve filed the application too soon (i.e. within 14 days of the last ad appearing in the newspaper).

Send an email request to wills.estates@justice.qld.gov.au requesting that the documents be refiled after the time limits have expired.

The date of the will is incorrect in my application.

Ask the registrar for permission to amend the application on file OR file an amended application.

A known alias of the deceased isn’t included in the notice and headings.

File a fresh affidavit using Form 104 - Affidavit of publication (DOC, 28KB). You must:

  • re-advertise
  • re-serve the notice on the Public Trustee
  • go to the registry counter to amend the   headings of the filed documents.

Death certificates

Problem

Solution

A photocopy of the death certificate has been provided.

File the properly certified copy issued by the Registrar of Births, Deaths and Marriages as an exhibit to a further affidavit. A JP, solicitor certified copy is not acceptable

Cause of death not shown in the death certificate

File a Form 105 - Affidavit (probate application) (DOC, 30KB) or Form 106 - Affidavit (letters of admin. with will) (DOC, 31KB) with the details required by paragraph 4.

The name of the deceased on the death certificate is different than that in the will.

File another Form 105 - Affidavit (probate application) (DOC, 30KB) or Form 106 - Affidavit (letters of admin. with will) (DOC, 31KB) to correct the contents of the earlier affidavit. State that the person referred to in the death certificate is one and the same person referred to in the will.

A cause of death brings into question the capacity of the deceased  to make a will at the time it was executed

File a further affidavit by the applicant/s with the details as required by paragraph 4 of Form 105 and Form 106 of the Uniform Civil Procedure Rules 1999.

Publication and service

Problem

Solution

I haven’t served a copy on the Public Trustee.

Serve a copy of Form 103 - Notice of intention to apply for grant (DOC, 28KB) on the Public Trustee.

File a Form 104 - Affidavit of publication (DOC, 28KB) to that effect and include a copy of the notice as an exhibit.

My notice of intention to apply is in the incorrect form.

You need to:

The date of the will in the notice of intention is different than that in the will

You need to:

The newspaper is not approved for the deceased’s last known residential address by the Chief Justice of the under a practice direction.

Publish the notice only in a newspaper circulating throughout the state or approved for the area of the deceased’s last known address, as outlined in Supreme Court practice directions 2/2014, 14/2014, 18/2014, 31/2014 and 4/2015.

Renunciation

Problem

Solution

I want to renounce my right and title to a grant but I have executed the form incorrectly

File a fresh renunciation – Form 114 - Renunciation (DOC, 29KB) or Form 115 - Renunciation (intestacy) (DOC, 29KB)

Wills

Problem

Solution

I need to apply for a grant of probate/letters of administration with the will, but the will is missing or lost and I only have a copy

File a Form 9 - Application (UCPR) (DOC, 48KB) in the application file already filed with any further supporting affidavit material.

The date on the will is incorrect or inconsistent or is not dated.

File an affidavit by one of the witnesses stating the date that the will was duly executed (i.e. witnessed) using Form 107 - Affidavit of due execution of will/codicil (DOC, 30KB). Include a clear photocopy of the original last will.

The will is damaged/has holes in it.

Explain how this happened using Form 111 - Affidavit of plight (DOC, 31KB). If the damage existed when you found the will, the affidavit must state whether any other testamentary documents were attached to the will.

I need to provide evidence of proper execution of the will.

The will does not contain an attestation clause

The last clause of the will, the attestation clause, must make it clear who was present at the signing. File a Form 107 - Affidavit of due execution of will/codicil (DOC, 30KB) from one of the witnesses, or someone present when the will was signed, stating who was present at the signing. If this isn’t possible, state this in the affidavit. A copy of the will must be exhibited with the affidavit.

The person who made the will was blind/illiterate and it is not specifically stated in the attestation clause

File a Form 107 - Affidavit of due execution of will/codicil (DOC, 30KB) by one of the witnesses stating that the will’s maker was blind or illiterate, but knew and approved the contents of the will. A copy of the will must be exhibited with the affidavit.

The certificate of exhibit markings are on a separate sheet/the original will

Place certificate of exhibit markings on the back of a photocopy of the original will only. Do not place the certificate of exhibit on the original will or other testamentary document.

File the original will/codicil at the registry with the application.