This affidavit template may be used where a person who would normally apply for probate or administration is unable to do so because of mental incapacity. The affidavit is completed by a medical practitioner who has treated, assessed or examined that person.
Use this template where information is needed about whether a person is unable to act as executor or administrator because of mental incapacity.
This affidavit should be completed by a medical practitioner who has treated, assessed or examined the person.
This template provides medical evidence about a person's ability to act as executor or administrator of a deceased estate.
The affidavit asks for information about:
- the medical practitioner's involvement in the person's care;
- any medical conditions relevant to the person's mental capacity;
- the practitioner's observations of the person's ability to manage their affairs; and
- the reasons the practitioner believes the person is unable to carry out the duties of an executor or administrator.
The affidavit should be based on the medical practitioner's own treatment, assessment or examination of the person and may also refer to relevant medical records.
Important information
These documents are provided for information only and do not constitute legal advice.
The Probate Office can provide these documents but cannot advise you what information you should provide or assist you to complete them.
If you need assistance, you should obtain legal advice.