New Titles Office procedures for dealing with original Wills

Changes to Titles Registry Practice for Examination of Original Wills

The Supreme Court Probate Registry no longer accepts exhibit certificates endorsed on original Wills due to impracticalities in that process. To help ensure alignment between Titles Registry and Probate Registry requirements, the following practice will be adopted in the Titles Registry from 1 September 2014:

  • where a Will is required to be an exhibit to a statutory declaration, a clear and true copy of the last Will of the deceased is to be the exhibit;  

  • the accompanying statutory declaration must state the exhibit is a copy of the Will. Note: wording for this statement is incorporated in the Uniform Civil Procedure Rules 1999 forms, which are used as a guide for the statutory declaration;
     
  • more than one declarant may exhibit the same copy of the Will provided it is endorsed with an exhibit certificate in respect of each statutory declaration;

  • declarants may exhibit separate copies of the Will to their respective statutory declarations;

  • original Wills will no longer be returned to the lodger for attending to requisitions, however, a lodger or their agent may inspect the original Will at the Titles Registry office where the will is held (the office location will be identified in the requisition notice). 
For further information contact the Titles Registry on 1300 255 750 or email titlesinfo@dnrm.qld.gov.au