Affirmation or Affidavit for Probate Application with Will

The document titled 'Affirmation or Affidavit for Probate Application with Will' is a legal document used in the court of domicile for the purpose of probate application with a will. The document begins with an introduction stating the importance of the document, which is to provide a solemn affirmation or oath regarding the deceased and their will. The document is divided into several sections, each serving a specific purpose.

 

Section 1: Introduction

This section provides general information about the deceased, including their name, position, and address. It also mentions whether the affirmation or oath is being made.

 

Section 2: Executor and Last Will

This section states that the deceased made and executed their last will, dated will. It also mentions the appointment of the executor, who is now aged ..................... years.

 

Section 3: Beneficiaries

If applicable, this section lists the beneficiaries named by the deceased in the will. It includes their names, current age, and date of death if applicable.

 

Section 4: Residuary Legatee or Devisee

This section states that the deceased did not name any residuary legatee or devisee holding in trust for any other person in the will.

 

Section 5: Residuary Legatee or Devisee for Life

This section states that the deceased did not name any residuary legatee or devisee for life in the will.

 

Section 6: Executor's Status

This section provides information about the executor's status. If the executor died before the deceased, it mentions the place and date of death. If the executor renounced their right and title to probate and execution of the will, it mentions the date of renunciation.

 

Section 7: Alias

If applicable, this section provides information about the deceased's true name and any aliases used. It also mentions any assets held in the alias name.

 

Section 8: Estate Duty

If applicable, this section states that there is no other property devolving to the personal representatives of the deceased, except those mentioned in the estate duty commissioner's provisional schedule of property. It also mentions the provisional principal value of the estate and any payment payable to the estate by the government of domicile.

 

Section 9: Administration of Estate

This section states that the affiant believes the paper writing marked 'a' to be the true and original last will of the deceased. It also mentions the affiant's commitment to administer the estate according to the law and provide an inventory and account of the estate when required.

 

Section 10/11: Minority Interest

Depending on the circumstances, either section 10 or section 11 will be applicable. Section 10 states that a minority interest arises under the will, while section 11 states that no minority interest arises.

 

Section 12/13: Life Interest

Depending on the circumstances, either section 12 or section 13 will be applicable. Section 12 states that a life interest arises under the will, while section 13 states that no life interest arises.

 

Section 14: Application for Letters of Administration

This section states that the affiant is applying as the sole residuary legatee and devisee named in the will for letters of administration (with the will annexed) of the estate of the deceased.

 

The document concludes with the affiant's affirmation or oath, followed by their name, address, and the date of affirmation or oath.

How to use this document?

To use the 'Affirmation or Affidavit for Probate Application with Will' document, follow these steps:

1. Read the entire document carefully to understand its purpose and requirements.

2. Fill in the necessary information in the document, including the court of domicile, the deceased's information, and the affiant's information.

3. Choose whether to make an affirmation or an oath, based on the provided options.

4. Provide the required details about the deceased, such as their date and place of death, age, and the date of their last will.

5. If applicable, list the beneficiaries named in the will, including their names, current age, and date of death.

6. Specify whether the deceased named any residuary legatee or devisee holding in trust for any other person in the will.

7. Specify whether the deceased named any residuary legatee or devisee for life in the will.

8. If the executor died before the deceased, provide the necessary details about their death. If the executor renounced their right and title to probate and execution of the will, provide the date of renunciation.

9. If applicable, provide information about any aliases used by the deceased and any assets held in the alias name.

10. If applicable, state whether there is any other property devolving to the personal representatives of the deceased, apart from what is mentioned in the estate duty commissioner's provisional schedule of property. Provide the provisional principal value of the estate and any payment payable to the estate by the government of domicile.

11. Declare the affiant's belief in the authenticity of the will and their commitment to administer the estate according to the law.

12. Depending on the circumstances, either state that a minority interest arises under the will or state that no minority interest arises.

13. Depending on the circumstances, either state that a life interest arises under the will or state that no life interest arises.

14. If the affiant is applying as the sole residuary legatee and devisee named in the will for letters of administration (with the will annexed) of the estate of the deceased, state this in the document.

15. Sign the document and provide the affiant's name, address, and the current date.

Note: It is recommended to consult with a legal professional to ensure the accuracy and validity of the document before submitting it to the court of domicile.