Administration: Affidavits

Question 1

Which of the following would most likely require an affidavit of due execution?

A. A will signed by only one witness
B. A will with pinholes and torn edges
C. A will with no date but otherwise complete
D. A will where the testator left blank spaces between clauses

Answer 1

A. A will signed by only one witness
Explanation:
A will must be signed by the testator in the presence of two witnesses. If this is in doubt, an affidavit of due execution may be required to confirm compliance with s9 Wills Act 1837.

Question 2

The testator’s signature on a will looks shaky, and she was known to have been frail. What affidavit is most appropriate?

A. Affidavit of knowledge and approval
B. Affidavit of plight and condition
C. Affidavit as to alterations
D. Affidavit of search

Answer 2

A. Affidavit of knowledge and approval
Explanation:
Where there is concern the testator lacked understanding due to frailty or blindness, this affidavit helps confirm they knew and approved the contents.

Question 2

The will is stapled but has visible pin holes, suggesting something was once attached. What affidavit should be provided?

A. Affidavit of due execution
B. Affidavit of knowledge and approval
C. Affidavit of plight and condition
D. Affidavit as to alterations

Answer 2

C. Affidavit of plight and condition
Explanation:
This affidavit confirms the physical state of the will, often addressing damage or signs of possible tampering.

Question 2

Which affidavit would you use if the original will is lost but a signed copy is available?

A. Affidavit of search
B. Affidavit of due execution
C. Affidavit of knowledge and approval
D. Affidavit as to alterations

Answer 2

A. Affidavit of search
Explanation:
An affidavit of search is required to confirm all reasonable steps have been taken to locate the original will and justify using a copy. Often needed under NCPR 54.

Question 3

Why might an affidavit as to alterations be required in a probate application?

A. The testator signed the will under duress
B. The will has strike-throughs and marginal edits
C. The date is incomplete
D. The executor’s name is misspelled

Answer 3

B. The will has strike-throughs and marginal edits
Explanation:
Where changes to the text are found, this affidavit helps prove when they were made — before execution (valid) or after (usually invalid).

Question 4

Which of the following statements is true regarding affidavits in probate?

A. They are only used if the estate is worth over £500,000
B. They may be replaced by a witness statement with a statement of truth
C. They are required for all intestate estates
D. They must be signed by a beneficiary

Answer 4

B. They may be replaced by a witness statement with a statement of truth
Explanation:
From November 2020, a witness statement with a statement of truth may be used in place of an affidavit in non-contentious matters.

Question 5

A will has two dates — one in the introduction and another handwritten next to the signature. Which affidavit is best?

A. Affidavit of knowledge and approval
B. Affidavit as to alterations
C. Affidavit of date
D. Affidavit of plight and condition

Answer 5

C. Affidavit of date
Explanation:
If there is uncertainty around when the will was executed, this affidavit can confirm the correct date, often from a witness.

Question 6

Which of the following does not require affidavit evidence in a probate application?

A. A will signed by only one witness
B. An unsigned, undated draft of a will
C. A will that names multiple executors
D. A will found with a burned edge

Answer 6

C. A will that names multiple executors
Explanation:
Having multiple executors does not on its own require affidavit evidence. The other options raise legal or evidentiary issues.

Question 7

A will leaves £10,000 to “my friend Chris”, but this clause has been crossed out in pen. Which affidavit helps confirm the clause’s status?

A. Affidavit of date
B. Affidavit of knowledge and approval
C. Affidavit as to alterations
D. Affidavit of due execution

Answer 7

C. Affidavit as to alterations
Explanation:
An affidavit as to alterations can establish whether the crossing-out occurred before execution (valid change) or after (not enforceable).

Question 8

Who may typically sign the affidavit of due execution?

A. A solicitor who witnessed the signing
B. A family member
C. The person who discovered the will
D. The named executor

Answer 8

A. A solicitor who witnessed the signing
Explanation:
The best person to confirm proper execution is one of the witnesses, often a solicitor who observed the will being signed.