Sworn at …....…... by C.D. ) on the ….............. day of ) ………........…… 19 ….. ) C.D. Before me: ………………………… FORM 4 Rule 47 AFFIDAVIT AS TO ALIAS (2) Intestacy South Australia In the Supreme Court Testamentary Causes Jurisdiction In the Estate of Miriam Sarah Smith otherwise Sarah Smith deceased I, C.D. of [address and occupation] make oath and say that: 1 I am the intended administrator of the estate of Miriam Sarah Smith otherwise Sarah Smith late of [address and occupation] deceased (“the deceased”) who died at …………… on the ….. day of ….. 19… intestate. 2 [Here establish the identity of the deceased under the alternative names e.g.: The deceased’s correct name is Miriam Sarah Smith but that she usually referred to herself as Sarah Smith and was generally known by that name.] 3 [Here set out details of property justifying the issue of the grant in the alternative names e.g.: The deceased effected a policy of assurance on her own life in the name of Sarah Smith in the X Insurance Company Ltd. A letter signed by the Manager of the Company verifying the name in which the policy is held is now produced to me and marked “A”. and 4 The deceased is registered in the name of Miriam Sarah Smith as the proprietor of an estate in fee simple in the whole of the land comprised in Certificate of Title Register Book Volume ….. Folio ….. A photocopy of the Certificate of Title is now produced to me and marked “B” (or as the case may be).] 5 In order to deal with the above property it is desired that the grant should issue in the names of Miriam Sarah Smith otherwise Sarah Smith deceased. Sworn at …....…... by C.D. ) on the ….............. day of ) ………........…… 19 ….. ) C.D. Before me: …………………………
or I am a person entitled to claim the benefit of the Inheritance (Family Provision) Act 1972 (“the Act”) but that I am not contemplating making an application under the Act for such benefit. or I am a person entitled to claim the benefit of the Inheritance (Family Provision) Act, 1972 and I am contemplating making an application under the Act for such benefit. 6. I am the only person entitled to participate in the distribution of the estate. or The persons entitled to participate in the distribution of the estate are myself and [give the full name, address, occupation and the relationship (if any) to the deceased of each person entitled to share in the estate]. 7. All persons entitled to participate in the distribution of the estate are sui juris or The persons entitled to participate in the distribution of the estate who are not sui juris are: (give the names and dates of birth of all persons referred to in the above paragraph who are not sui juris). 8. All persons entitled to participate in the distribution of the estate are resident in South Australia. or The person(s) entitled to participate in the distribution of the estate who is [are] not resident in South Australia is [or are]: [Here list the name(s) of such person(s) not resident in South Australia] and the aforesaid person(s) has [or have] for the purposes of section 65(1) of the Administration and Probate Act 1919, appointed an agent or attorney within South Australia a copy [or copies] of the appointments being now produced to me and marked “A” [or “A” and “B” respectively or as the case may be]. 9. To the best of my information and belief the liabilities in the estate consist of the following: [Here set out all the liabilities in the estate, e.g. funeral expenses, unsecured debts, debts on mortgages and other secured debts etc.] 10. There are sufficient assets in the estate to meet payment of the liabilities. Sworn at ……………..by C.D. ) on the ………………..day of ) C.D. ………………………... 20… ) Before me: ………………….. Note
probate [and letters of administration (with the will annexed) of the estate of the deceased]. 3 I am the widow of the deceased [or as the case may be] and the residuary devisee and legatee [or as the case may be] named in the will. 4 The deceased died possessed of property in the State of South Australia. 5 I intend to make an application to this Court for a grant of letters of administration with the will annexed of the estate of the deceased and I therefore request that the will which has been deposited in this Court be delivered out to me [or to my solicitor XY of ……………] Sworn at …....…... by E.F. ) on the ….............. day of ) ………........…… 19 ….. ) E.F. Before me: ………………………… FORM 8 Rule 49.06 AFFIDAVIT OF JUSTIFICATION BY A CORPORATION AUTHORISED UNDER THE INSURANCE ACT 1973 (CTH) South Australia In the Supreme Court Testamentary Causes Jurisdiction In the Matter of X. Co. Limited ACN …….. I, C.D. of [address and occupation] make oath and say that: 1 I am the (attorney or manager or as the case may be) of X.Y. Limited ACN ….. (“the corporation”) and am authorised to make this affidavit on its behalf. 2 The (principal office or registered office) of the corporation in South Australia is situated at ………….. and the principal business of the corporation is that of insurance and for that purpose it is authorised under the Insurance Act, 1973 (Cth). 3 There is no restriction or prohibition contained in the memorandum or articles of association of the corporation excluding it from entering into and executing surety guarantees conditioned upon the due administration by administrators of the estates of deceased persons within the State of South Australia. If the guarantee is to be executed by an agent or attorney of the corporation then the following clause is applicable:
AFFIRMATION IN LIEU OF OATH South Australia In the Supreme Court Testamentary Causes Jurisdiction In the Estate of A.B. deceased I, C.D. of [address and occupation] declare and affirm that: [Here add the matter affirmed] Affirmed ………………..) at………………..this …..) day of………........19 …...) Before me: ………………………… FORM 20 JURAT TO AFFIDAVIT Sworn at …....…... by C.D. ) on the ….............. day of ) ………........…… 19 ….. ) C.D. Before me: ………………………… Notes 1 The jurat should be placed at the end of the affidavit adjacent to the left hand margin of the page but not on a page on which no part of the text appears. 2 The name of the person before whom the affidavit is sworn must be legibly printed or typed below his [her] signature in the jurat [see Supreme Court Rule 83.01(1)(g)]. 3 The person taking the affidavit must disclose his or her authority for taking affidavits beneath his [her] signature in the jurat, e.g. “A Commissioner for taking affidavits in the Supreme Court of South Australia” or “A Justice of the Peace in and for the State of South Australia” or as the case may be. 4 If the affidavit is taken out of South Australia by a person not being authorised to take
executor of the deceased executor to re-seal his testator’s grant is thereby established. FORM 65 Rule 50.03 ADVERTISEMENT FOR THE RE-SEALING OF GRANT South Australia In the Supreme Court Testamentary Causes Jurisdiction In the Estate of A.B. deceased Take notice that after the expiration of eight days application will be made in the Registry of the Supreme Court of South Australia in its Testamentary Causes Jurisdiction for the sealing of [probate of the will] [letters of administration with the will annexed of the estate] or [letters of administration of the estate] of A.B. [as in the grant] deceased granted by the Supreme Court of the State of ............................. at ................................ on the .............. day of ............. 19.. Solicitor for (To be advertised only if the Registrar so requires and in such manner as the Registrar may direct.) FORM 66 Rule 50.04 SURETY’S GUARANTEE ON APPLICATION FOR THE RESEALING OF A GRANT UNDER SECTION 17 OF THE ACT South Australia In the Supreme Court Testamentary Causes Jurisdiction In the Estate of A.B. deceased Whereas A.B. late of [address and occupation] deceased (“the deceased”) died at ……………on the …. day of ………20…. and letters of administration [with the will annexed] of his/her estate were on the……day of…………….20….. granted by the Supreme Court of the State of……….….at………….to C.D. of [address and occupation] [“the administrator(s)”] and are about to be re-sealed in the State of South Australia under section 17 of the Administration and Probate Act, 1919. Now Therefore: