All lodging parties
Rule 15(a) of the Probate Rules provides the original Will and any Codicil(s) must be marked by the Applicant(s).
The following marking must appear on the reverse side of the last page of the Will (if the pages of the Will are attached) or if the pages of the Will are separate unattached pages, then the marking must appear on the reverse side of each page of the Will or if a document is double sided (e.g. a Will kit) then the marking should appear along the margins.
The same applies to any Codicil(s).
1. Signature of the Applicant; and
2. Signature of a Commissioner for taking Affidavits, Justice of the Peace or any other person duly authorised to take an oath; and
3. The authorise of the person authorised to administer oaths, either stamped or written; and
4. The date signed; and
5. The suburb where the marking occurred.
Please ensure the marking does not cover any content of the Will and/or Codicil/s (if any).
If there is testamentary writing on the back of the only or last page, carefully mark that page so as not to obscure any testamentary writing.
Please take care in marking. If any ink from pen or stamp leaches through to make any of the Will difficult to read you may be required to provide an engrossment – see Rule 17 of the Probate Rules.
When the Will is contained in a Will kit booklet, the marking should be on the Will itself – not some other part of the booklet.
Please do not scan the back page unless it contains part of the Will and/or Codicil(s) (if any).
You may wish to make a clean and publishable copy of the Will and/or Codicil(s) (if any) before you mark them.
Your application will not be considered until the Original Will/Court Authenticated grant has been lodged with the Probate Registry.
Practice Note 1 of 2019 and Rule 15(a) of the Probate Rules provides that the reverse side of the last page of the Will and any Codicil(s) must be marked before an Authorised person and a Certificate of Identity completed.
Certificate of Identity
In addition to marking the original Will and any Codicil(s), a Certificate of Identity must be completed by the same Authorised person at the same time as the marking is made.
The following are Authorised persons for the purposes of Practice Note 1 of 2019:
i. a Commissioner for Taking Affidavits in the Supreme Court of South Australia; or
ii. a person duly authorised to administer oaths in any State or Territory of Australia; or
iii. a Judicial Registrar, Registrar or Deputy Registrar of the Supreme Court, the District Court, the Environment, Resources and Development Court and the Magistrates Court within South Australia.
Annexed (stapled) to the Certificate of Identity must be endorsed copies of your identity papers.
The identity papers provided must include:
• at least one original ID document from Category A
• the rest of the documentation: all from Category A or from Category A and Category B
• at least one document that includes your signature/photograph
• documents with a current residential address
• ID in one name
Please see Practice Note 1 of 2019 for a full list of Category A and B documents.
If there is more than one Applicant:
• Each must complete an individual Certificate of Identity; and
• They can complete the above process before different Authorised persons.
The original marked Will, certificate of identity and any other original affidavits or letter should be provided to the Registry by placing it in a white A4 envelope without folding it. Stick the printed cover sheet (which you can download from CourtSA after submitting your grant application) on the envelope and lodge it in person or by post.
Your application will not be considered until the Original Will/Court Authenticated grant and Certificate of Identity (for Self-Represented Litigants) has been lodged with the Probate Registry.