Affidavit of due execution of will or codicil drafting

Question 1

When will this be needed

Answer 1

If a will or codicil doesn’t have an attestation clause. It will be used to give evidence that the will/codicil was executed properly

Question 2

Structure

Answer 2

1) Heading
2) Opening
3) Deponents
4) Additional Information
5) Execution

Question 3

Heading

Answer 3

In the top right-hand corner of the document insert details of the firm of solicitors making the application. Include name, address, reference.
Insert details of registry which dealt with the application for the grant.

Question 4

Opening

Answer 4

IN THE ESTATE OF [NAME OF DECEASED]

Question 5

Deponent’s - Details

Answer 5

I, [NAME OF DEPONENT] of [ADDRESS], [make oath and say OR do solemnly and sincerely declare and affirm that:

Question 6

Who should be the deponent

Answer 6

This should be one of the witnesses to the execution of the will or codicil

Question 7

Deponents - Full names of witnesses

Answer 7

1. I am one of the [NUMBER] subscribing witnesses to the [will/codicil] (“Will/Codicil”) of [NAME OF DECEASED] of [ADDRESS] deceased (Testator). The other subscribing witness to the [Will/Codicil] is [NAME]. The [Will/Codicil] is dated [DATE]. The [Will OR Codicil] is now produced to me and is marked [EXHIBIT LETTER].

Question 8

Deponents - Testator executed will

Answer 8

2. The Testator executed the [Will OR Codicil] on [DATE] by signing [his OR her] name as that name now appears on the [Will OR Codicil] in the presence of me and [FULL NAME OF OTHER WITNESS], with both of us present at the same time. After the Testator had signed the [Will OR Codicil], we each attested and signed the [Will OR Codicil] in the presence of the Testator.

Question 9

Additional Information

Answer 9

This is optional and only use if there is any other relevant information that provides further evidence of the due execution of the will/codicil. E.g if it has alterations the affidavit should indicate whether the will, as altered, was re-executed in the presence of the witnesses

Question 10

Execution

Answer 10

[SIGNATURE OF WITNESS OR OTHER DEPONENT]
at: [ADDRESS OF SOLICITOR OR COMMISSIONER FOR OATHS]
this [DATE] day of [MONTH] [YEAR]
before me: [SIGNATURE OF SOLICITOR OR COMMISSIONER FOR OATHS]
[Solicitor OR Commissioner for oaths]