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UPDATED: Surrogate Reform Announcement - Amendments to Surrogate Rules and Forms - Application of Rule 16(1)
Updated:
This Announcement clarifies how Rule 16(1) of the Surrogate Rules applies to applications made through the Surrogate Digital Service (SDS).
Rule 16(1) provides that if possible, the applicant [for a grant of probate] and the person before whom the applicant’s affidavit is sworn, i.e. a commissioner for oaths, must each mark the will and any codicil in such a way that the will is identified for the purposes of the application.
For applications submitted through the SDS, Rule 16(1) requires the applicant, if possible, to mark and sign the will and any codicil, but as applications submitted through the SDS are certified and not sworn, Rule 16(1) does not
require a person before whom the applicant’s affidavit is sworn, i.e. a commissioner for oaths, to mark and sign the will and any codicil.