Affirmation or Affidavit of Plight and Condition of the Will

The document titled 'Affirmation or Affidavit of Plight and Condition of the Will' is a legal document that is used in the court of domicile in the estate of a deceased individual. The document serves to affirm or make an oath regarding the condition and state of the deceased's will. The importance of this document lies in its role in providing evidence and clarification regarding the condition of the will, including any obliterations, interlineations, corrections, alterations, or other matters that need to be accounted for.

 

The document begins with a title that clearly states its purpose. It then includes a section where the affirmer or affiant introduces themselves, providing their name, position, and address. This introduction is followed by a statement of affirmation or oath, depending on the choice made by the affirmer or affiant.

 

The first section of the document states that the affirmer or affiant is the sole executor/executrix named in the last will of the deceased. It mentions the date of the will and presents the actual will, marked as 'a'.

 

The second section of the document is crucial as it describes the examination of the will by the affirmer or affiant. It highlights the need to carefully examine the will and take note of any obliterations, interlineations, corrections, alterations, or any other matters that require explanation. The affirmer or affiant is then required to provide a detailed account of the condition of the will and trace its custody from the deceased's lifetime to the time of making the affirmation/affidavit.

 

The document concludes with a statement of confirmation or oath regarding the truthfulness of the contents of the affirmation or affidavit. The affirmer or affiant signs their name and provides the location and date of the affirmation or oath.

 

In summary, the 'Affirmation or Affidavit of Plight and Condition of the Will' is a detailed document that plays a crucial role in affirming or making an oath regarding the condition and state of a deceased individual's will. It provides a clear introduction, highlights the importance of careful examination, and concludes with a statement of confirmation or oath.

How to use this document?

1. Introduce yourself: Begin by stating your name, position, and address in the designated section of the document. This ensures proper identification.

2. Present the will: Clearly state that you are the sole executor/executrix named in the last will of the deceased. Mention the date of the will and present the actual will, marked as 'a'.

3. Examine the will: Carefully examine the will and take note of any obliterations, interlineations, corrections, alterations, or any other matters that require explanation. Provide a detailed account of the condition of the will and trace its custody from the deceased's lifetime to the time of making the affirmation/affidavit.

4. Confirm the condition: Affirm or make an oath regarding the truthfulness of the contents of the affirmation or affidavit. Sign your name and provide the location and date of the affirmation or oath.

Note: It is essential to ensure accuracy and truthfulness throughout the process, as this document serves as evidence in the court of domicile in the estate of the deceased.