Affidavits

Question 1

what is an affidavit?

Answer 1

a formal written statement of fact which person signs under oath

Question 2

Requirements of a valid affidavit

Answer 2

• Signed by all parties and dated
• completed and signed by the person witnessing (this must be an independent solicitor or commissioner for oaths), and their name, address and qualification must be stated
• must follow immediately on from the text and not on a separate page

Question 3

• Affidavit for s9 WA 1837
• Knowledge and approval
• Date

Answer 3

• requirements of s9 Wills Act 1837- affidavit of due execution. - The affidavit will usually be made by one of the witnesses and will confirm that the will (in the form attached to the affidavit) was executed in accordance with the formalities required
• knowledge and approval- affidavit of due execution
• Date- affidavit of due execution
• • . -

Question 4

Physical condition of the will

Answer 4

affidavit as to alterations could be submitted by one of the witnesses to establish the timing of the alteration.

Question 5

if it seems tampered with

Answer 5

Affidavit of plight and condition . The affidavit should be signed by someone who is able to confirm the condition of the will when it was executed, and its condition later when it was found following the death of the testator

Question 6

if there is suggestion that docs missing

Answer 6

Affidavit of search. The personal representative would confirm what enquiries were made and searches carried out to locate the missing document

Question 7

Original will is missing

Answer 7

An affidavit should be used when applying for the court order – including the following:

• Evidence that the will/codicil existed after deceased’s death
• Facts which rebut the presumption that the missing will was revoked during the testator’s lifetime
• Confirmation that the will/codicil was correctly executed
• The copy document submitted accurately records the testamentary wishes of the deceased