Troubleshooting guide for grant applications

Ensuring your documents are complete and accurate is crucial when applying for a grant of administration.

Missing or incorrect information can delay the process or result in rejection of your application.

This guide provides solutions to common problems you may encounter.

If these steps don’t resolve your issue, you can contact the court registrar for assistance. You may seek independent legal advice to ensure compliance with legal requirements.

Important

This guide is for general information only and does not replace legal advice.

The registrar can assist with general enquiries but will only make a final decision after reviewing all documents.

They may request further information if needed.

Affidavits

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

Re-swear/affirm the existing affidavit in front of an authorised person (e.g. JP, solicitor, CDec), or

File a new affidavit with the appropriate documents as exhibits using the appropriate form:

Missing details of the marriage/civil partnership between the deceased and the applicant/executor.File a further affidavit referring to the earlier affidavit and include the missing details using Form 105 - Affidavit (probate application) (DOCX, 31.1 KB).
Executors/administrators are not identified, or other details are missing.

File a further affidavit referring to the earlier affidavit and include the missing details using the appropriate form:

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

File a further affidavit correcting the earlier affidavit using the appropriate form:

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

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

The deceased has left an estate in Queensland.

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

The name of the applicant in the affidavit is different from the name in the will.

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

Applications

ProblemSolution
Application filed too soon (i.e. within 14 days of the last ad appearing in the newspaper).Refile the application after the time limits have expired.
Incorrect date of the will in the application.

Request permission from the registrar 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.
  1. File a fresh affidavit using Form 104 - Affidavit of publication (DOCX, 29.3 KB).
  2. Re-advertise
  3. Re-serve the notice on the Public Trustee
  4. File amended application and any forms including deceased alias in headings.

Death certificates

ProblemSolution
Cause of death not shown in the death certificate.

File a further affidavit with the required details (as per paragraph 4) using the appropriate form:

Name of the deceased on the death certificate differs from the will.

File a further affidavit correcting the earlier affidavit and stating that the person referred to in the death certificate is the same as the one in the will, using the appropriate form:

Cause of death raises questions about the deceased’s capacity to make a will.

File a further affidavit with the required details (as per paragraph 4) using the appropriate form:

Publication and service

ProblemSolution
Notice not served on the Public Trustee.
  1. Serve a copy of Form 103 - Notice of intention to apply for grant (DOC, 28.0 KB) on the Public Trustee.
  2. File Form 104 - Affidavit of publication (DOCX, 29.3 KB) and include a copy of the notice as an exhibit.
Notice of intention to apply is in the incorrect form.
  1. Re-advertise.
  2. Re-serve the notice on the Public Trustee.
  3. File another Form 104 - Affidavit of publication (DOCX, 29.3 KB).
Date of the will in the notice of intention is different to that in the will.
  1. Re-advertise.
  2. Re-serve the notice on the Public Trustee.
  3. File another Form 104 - Affidavit of publication (DOCX, 29.3 KB).

Renunciation

ProblemSolution
Incorrectly executed renunciation form.

File a fresh renunciation using the appropriate form:

Wills

ProblemSolution
Missing or lost will (only a copy is available).File Form 9 - Application (UCPR) (DOC, 45.5 KB) in the existing application file, along with further supporting affidavit material.
The date on the will is incorrect or inconsistent, or the will is not dated.
  1. File Form 107 - Affidavit of due execution of will/codicil (DOCX, 30.1 KB) by one of the witnesses, stating the date the will was duly executed (i.e. witnessed).
  2. Include a clear photocopy of the original last will as an exhibit to the affidavit.
The will has holes in it or other damage.
  1. File Form 111 - Affidavit of plight (DOCX, 30.1 KB) explaining how the damage occurred.
  2. If the damage existed when the will was found, state whether any other testamentary documents were attached.
The will does not contain an attestation clause making it clear who was present at the signing.
  1. File Form 107 - Affidavit of due execution of will/codicil (DOCX, 30.1 KB) by one of the witnesses or someone present at the signing, stating who was present.
  2. If this isn’t possible, state this in the affidavit.
  3. Include a copy of the will as an exhibit to the affidavit.
The person who made the will is blind or illiterate, and this is not stated in the attestation clause.
  1. File Form 107 - Affidavit of due execution of will/codicil (DOCX, 30.1 KB) by one of the witnesses stating that the will’s maker was blind or illiterate, but knew and approved the contents of the will.
  2. Include a copy of the will as an exhibit to the affidavit.
How to attach the certificate of exhibit markings
  1. Place the certificate of exhibit markings on a separate sheet and attach it to the affidavit in front of any exhibits.
  2. Do not place the certificate on the original will or any other testamentary document.
  3. File the original will and/or codicil at the registry.