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In the Originating Summonses for wills and intestacies you will usually find the same information that is in the ecclesiastical file such as the will itself, death certificates, marriage certificates, affidavits, bill of costs etc.
In the case of the renunciations, there are usually only two (2) documents. However, you will come away with the following pieces of information:
- name of the deceased,
- date of death
- date of the Will
- date of Renunciation
- occupation of the deceased
- address of the deceased and place where the person died if it is a different location
- name of the Executor
- occupation or relationship of the executor to the deceased
- address of the executor
- name of the solicitor appointed to file the renunciation.
Some items may have an index number on them for example Misc 66/1947, however the majority do not, the number found on the front or back of the writ is usually a receipt number only. This series is arranged chronologically by the date the writ was filed. This index only contains 67 entries.
Costs and ordering
The cost for each reference required is A$6.60.
To order copies of an item, please complete an index order form (PDF, 67KB). When completing the form, quote the name of the person (family and given names), date filed and QSA reference.
This index was compiled from Series ID 17991, Instruments of Renunciation, 1915-1983.
Wills, intestacies and renunciations (known as Writs of Renunciation) can also be found in the miscellaneous files. Renunciations are where the Executor/Executrix no longer wishes to administer the will.
They can be found under miscellaneous (SCT/CG files) whereas wills and intestacies come under Originating Summonses (SCT/CJ files).
Wills had summonses issued against them under the Testators Family Maintenance Act of 1914, and the Trustees and Executors Act. Intestacies also had summonses issued against them under the Intestacy Act 1877. The images below (click for larger image) depict the Affidavit of Stephen Comino in the Matter of the Instrument of Renunciation for Patrick Carey (deceased) dated 2 Oct 1967.