Will errors—affidavit evidence

Published by a ��Ƶ Private Client expert

Practice notes

Will errors—affidavit evidence

Published by a ��Ƶ Private Client expert

Practice notes

affidavit or witness statement evidence

In an application for a grant of representation, usually the information contained in application form PA1P or PA1A or the online application (formerly a separate statement of truth) is the only evidence the court will require in order to prove the deceased’s Will. However, there may be circumstances where further evidence is needed, which may be in the form of an affidavit or witness statement.

With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059 to provide for the use of witness statements as an alternative to affidavits for certain non-contentious probate applications and processes.

Due execution

The inclusion in a Will of an attestation clause showing compliance with the requirements of section 9 of the Wills Act 1837 raises a presumption of due execution of the Will. Practitioners will need to decide whether each testamentary document satisfies the requirements of WA 1837, s 9.

There may be doubts about due execution of the Will, such as when:

Jurisdiction(s):

United Kingdom

Key definition:

Affidavit definition

What does Affidavit mean?

A written, sworn statement of evidence.

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