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Probate / affidavit of due execution


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To obtain probate we have to obtain an affidavit of due execution from one or both of the attesting witnesses - can anyone tell me the wording as it seems to be covered in the solicitors law of silence ! I appreciate it is a technical aspect of probate law but I like to understand what they are doing on my behalf.

 

Can anyone point to any templates / samples - even a rough example would give me an idea !

 

Thanks

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Hi Daisy23,

An affidavit of due execution, sounds complex, but it isn't. Its basically just a piece of paper that says the witness or witnesses to a will, were present when a will was signed, that they witness the deceased person signing their will on the date stated and that the witness’s signature on the will, is their signature. They are basically swearing to that information. An affidavit could be required various reasons, but usually nothing too serious, sometimes its because a witness printed their name rather than signing it.

 

A solicitor can charge around £30+ to write the affidavit and you will need a second solicitor to witness the affidavit been signed. For some reason the solicitor who’s writing the affidavit can’t witness it been signed.

However you can write the affidavit yourself, you don’t need a solicitor for that, but you will need one to witness its signing by the wills witness / witnesses & this should cost only around £10 / £15.

The original will or a copy of it will be fine, must be attached to the affidavit, as evidence/exhibit and marked “A“.

The term testator is the deceased, attesting witness just means the people who were present when the will was signed

A basic Affidavit of due execution lets say due to a witnesses incorrect signature looks like this:

 

---------------------------------------------------------------------------------------------------------------------

IN THE HIGH COURT OF JUSTICE

Family Division

 

The District Probate at …………… ( enter your district Probate Office, you can find this at hmcourts-service.gov.uk )

 

In the matter of the will of …………… (enter full name of the decease) deceased

AFFIDAVIT OF DUE EXECUTION

 

 

 

I (enter full name of witness) …………… of (enter address of witness) …………… make oath to say that:

 

1. I am one of the subscribing witnesses to the last Will and testament of …….. (enter full name of decease) deceased, the said will bearing date the (enter date the will was signed) …… day ….. Of ……… being shown to me at the time of swearing this affidavit and marked with the letter “A”.

 

2. That the said testator executed the said Will on the said date by signing (his/her) name as the same now appears on it, in the presence of me and of …….… (enter full name of the other witness) the other subscribed witness, both of us being present at the same time, and we then (after the testator had so signed) attested and subscribed the said Will in the presence of the said testator.

3. The said …… (enter full name of second witness) attested and subscribed the said Will with (his/her) usual signature being the correct procedure.

 

4. I attested and subscribed the said Will by erroneously only printing my name

and address but did not add my signature to the said Will.

 

 

Sworn by the above named Deponent:

 

At ………………………………... (the witnessing solicitor writes their address here)

 

 

This ………………….. Day of ………………… 2010

 

Before Me

 

A commissioner for Oats / Solicitor

 

 

If its not required for a signature problem, just remove sections 3 & 4

Good Luck with everything, the people in probate are sometimes strange folk, but it will be sorted out, I know how difficult things are at times like this. Don’t worry!

Delphi2010

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