Why is it important to leave the Will and codicils alone?

​The Court has to decide whether the Will is the whole and unchanged Will. The Court needs to make sure that nothing has been removed, added or replaced. This is very important to prevent fraud.

If there are staple holes, bulldog clip marks or indents in the Will, it is possible that without the consent of the deceased:

  • a page was attached to the Will, and has been removed
  • a page was removed and a different page put in its place.

Here is what you should not do:

  • change the physical appearance of the Will (or codicil) in any way.
  • remove staples from an original Will (or codicil). Do not allow anyone else to do so.
  • attach anything to an original Will (or codicil) by glider, bulldog or any other clip.
  • remove anything from an original Will or codicil
  • laminate a Will (or any document relating to a Probate application)

What if it’s too late?

If changes have been made already, you need to provide an affidavit. Any changes to the physical appearance of the Will (or codicil), such as staple holes, or bulldog clip indents, must be explained in the affidavit. The Probate Registry Examining Officer has to be satisfied that the Will as presented to the Court is in fact the complete and exact document that was signed by the deceased.

If you are not represented by a lawyer, you may wish to get legal advice, as the Rules and requirements for these affidavits are complicated.

The affidavit is required by Rule 22 of the Probate Rules. The basic form of this affidavit is Form 2.

How do I upload the affidavit?

For information on how to upload the affidavit click here.