Affidavit evidence required for grant (Grants of representation)- FS

Question 1

What is an affidavit in the context of probate applications?

Answer 1

An affidavit is a sworn written statement made under oath before an independent solicitor, submitted to the probate registry to clarify or verify issues related to the validity of a will.

Question 2

Four Situations Where Affidavit Evidence May Be Required

Answer 2

1. Affidavit of due execution
2. Affidavit as to knowledge and approval
3. Affidavit of plight and condition
4. Affidavit for a lost will

Question 3

What is Affidavit of Due Execution

Answer 3

Required when the will has no attestation clause, or it’s defective, or execution is in doubt. Usually provided by the attesting witnesses, confirming that the will was validly signed and witnessed.

Question 4

What is Affidavit as to Knowledge and Approval

Answer 4

Required when there are suspicious circumstances suggesting the testator may not have understood the contents of the will (e.g., will signed by another, principal beneficiary drafted the will). Affidavit confirms the testator knew and approved of the will’s contents.

Question 5

What is Affidavit of Plight and Condition

Answer 5

Required where the will appears altered, damaged, or incomplete (e.g., torn, stained, or missing a codicil). It confirms the condition of the will and provides context for any physical irregularities.

Question 6

What is Affidavit for a Lost Will

Answer 6

Required where the original will is missing but a copy is available, and there is reason to believe it was accidentally lost or destroyed. The affidavit must explain the circumstances and confirm no revocation was intended.

Question 7

Who typically provides affidavit evidence in probate applications?

Answer 7

Often the attesting witnesses, or a person with personal knowledge of the circumstances, such as a solicitor, caregiver, or executor.

Question 8

What is the final outcome once all affidavit evidence is accepted by the probate registry?

Answer 8

The registry will issue the original grant of representation, sealed by the court and signed by the registrar, allowing the executor or administrator to administer the estate.