--(1) Unless the court otherwise directs, the claimant and every defendant who has entered an appearance in probate proceedings must swear an affidavit-
----(a) describing any testamentary script of the deceased person, whose estate is the subject of the proceedings, of which he has any knowledge or, if such be the case, stating that he knows of no such script; and
----(b) if any such script of which he has knowledge is not in his possession or under his control, giving the name and address of the person in whose possession or under whose control it is or, if such be the case, stating that he does not know the name or address of that person.
--(2) Any affidavit required by this rule must be filed, and any testamentary script referred to therein which is in the possession or under the control of the deponent must be lodged at the court within 14 days after the entry of an appearance by a defendant to the proceedings or, if no defendant enters an
appearance and the court does not otherwise direct, before the first hearing.
--(3) Where any testamentary script required by this rule to be lodged or any part thereof is written in pencil, then, unless the court otherwise directs, a facsimile copy of that script, or of the page or pages thereof containing the part written in pencil, must also be lodged and the words which appear in pencil in the original must be underlined in red ink in the copy.
--(4) Except with the leave of the court, no party to probate proceedings may be allowed to inspect an affidavit filed, or any testamentary script lodged, by any other party to the proceedings under this rule, unless and until an affidavit sworn by him containing the information referred to in paragraph (1) has been filed.
--(5) In this rule "testamentary script" means a will or draft thereof, written instructions for a will made by or at the request or under the instructions of the testator and any document purporting to be evidence of the contents, or to be a copy, of a will which is alleged to have been lost or destroyed.
Notes
Back to Part (72. Contentious Probate Proceedings)
Previous Rule (72.4 Lodgment of grant in proceedings for revocation)