……………………………………. (Signed) C.D. Form 41 Executor’s declaration to obtain probate where will deposited under s 13 of the Act SOUTH AUSTRALIA IN THE SUPREME COURT TESTAMENTARY CAUSES JURISDICTION In the Estate of A.B. deceased I [or We] [full name, address and occupation of deponent] DO TRULY AND SOLEMNLY AFFIRM THAT: 1 I [We] believe the paper writing [or if more than one testamentary document, paper writings] now produced to and marked by me [us] to contain the last will and testament [and codicil or two codicils or as the case may be (see rule 11(3))] (“the will”) of A.B. [formerly of ……… (see rule 12(6)) but] late of [address] deceased (“the deceased”). 2 I am [We are] the son[s] [or other relationship to the deceased (see rules 11(8) and 13(4)] of the deceased and one of the executors as described in the will [or as the case may be – refer to rule 13] named in the will. 3 I [We] will: (a) collect, get in and administer according to law the estate of the deceased; (b) if required to do so by the Court, produce to the Court a full statement and account of my [our] administration of the estate; (c) if required to do so by the Court, deliver up to the Court the grant of probate. 4 The deceased died at ………. on …………… 20… aged ….. years.
I [full name, address and occupation of deponent] SWEAR ON OATH/DO TRULY AND SOLEMNLY AFFIRM [delete whichever is inapplicable] THAT: 1 A.B. late of [address] deceased died intestate a widower [widow] [single person] [*divorced man] [*divorced woman] without issue or any other person entitled in priority to share in his [or her] estate by virtue of any enactment. 2 I am the father [mother] and only person entitled to the estate [or, where both parents of the deceased are living, one of the persons entitled to share in the estate] of the deceased. 3 I will: [complete as in Form 44]. Notes *1 If the deceased died intestate divorced see paragraphs 2 and 3 in modification (i) above for the additional wording required in the oath. *2 Where the applicant’s title to the administration depends upon establishing paternity, see note to modification (g) above. (k) Oath for administration to brother or sister [Heading] I [full name, address and occupation of deponent] SWEAR ON OATH/DO TRULY AND SOLEMNLY AFFIRM [delete whichever is inapplicable] THAT: 1 A.B. late of [address] deceased died intestate a widower [widow] [single person] [divorced man*] [divorced woman*] without issue or a parent or any other person entitled in priority to share in his [or her] estate by virtue of any enactment. 2 I am a brother [sister] and the only person entitled to the estate [or as the case may be] of the deceased. 3 I will: [complete as in Form 44]. Note *If the deceased died intestate divorced see paragraphs 2 and 3 in modification (i) above for the additional wording required in the oath.
Note The address for service must comply with rule 59. Form 63 Appearance to summons SOUTH AUSTRALIA IN THE SUPREME COURT TESTAMENTARY CAUSES JURISDICTION No … of 20 ... In the Estate of A.B. deceased ENTER AN APPEARANCE in this matter for [name of person appearing] whose residential address is [set out the residential address whether within or outside of the State]. [If the party appearing intends to oppose the application (see rule 58), continue and who opposes the application on the following grounds: 1. [set out grounds] ]. Dated …………… 20… [Signed] [Solicitor or “in person”] whose address for service is: Telephone No: ……………… Fax No: …………………….. Email: …………………….. L Code: ……………………. P Code: ……………………. Note The address for service must comply with rule 59.