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Filling Out Your Probate Forms - Affidavit of applicant (form P3 or form P4)

Affidavit of applicant (form P3 or form P4) 

Why do I need to complete this form?

This form provides information and your relationship to the deceased. 

Which form should I complete — a form P3 or form P4?

Form P3 and form P4 are alternate versions of the same form. Generally, a Form P3 should be used for straightforward applications. A form P4 should be used for applications with more complex issues.

Some examples of when you should use a form P4 include:

  • you can’t find the original will, and you’re submitting a copy
  • the original will has been unstapled and/or re-stapled
  • the original will has other alterations, handwritten additions, or erasures
  • there are issues with the execution of the will

Is it okay to remove staples from the will if I want to make copies of it?

It’s not a good idea to alter an original will in any way. This includes removing or adding staples. 

If you’ve already removed staples from the will, you’ll have to prove the will hasn’t been tampered with. Write down the details: who did it, the date, location, and reason for unstapling the will. You’ll have to fill out a form P4 and swear an additional affidavit explaining how it happened. 

I’m applying for a grant with another person. How do we fill out this form?

If there are multiple people applying for the grant, you can:

  • Have the P3 or P4 sworn by one of the applicants. Each other applicant swears an affidavit in support (form P8).
  • All swear the same P3 or P4 (as applicable). The form would need to be modified.

What if I’m applying as an alternate executor?

It’s important to indicate on the form why the first-named executor isn’t applying. (Failing to do so may cause your application to be rejected.) Some common reasons include that the named executor is:

  • Deceased.
  • Mentally incapable.
  • Simply unwilling to act. In this case, you should obtain a notice of renunciation (form p17) from the named executor, and file it with your application.

What if one of the co-executors doesn’t want to apply for probate?

A co-executor is one of two (or more) executors named in a will to carry out its instructions. This is different from an “alternate” executor. An alternate is like a back-up executor — intended to act only if the first-named executor is unable (or unwilling) to act.

If a co-executor doesn’t want to apply for probate, that person can renounce their executorship (using form P17). This means they’re giving up their right to apply to be executor.

If a co-executor doesn’t renounce, the grant of probate must reserve the right of that person to apply at a later time. It’s a good idea to indicate on your form that the co-executor is not intending to apply or renounce.