This affidavit is to be used to establish the testamentary capacity of a deceased person at the time of making their will.
This affidavit is to be completed and sworn or affirmed by the deceased person’s treating medical practitioner to assist the Court in determining whether the deceased person had testamentary capacity at the time their will was made.
A treating medical practitioner's affidavit is the preferred form of evidence where it is available.
If the deceased person's treating medical practitioner is unwilling or unable to provide an affidavit, an affidavit should be filed setting out what steps have been taken to obtain such evidence and the reasons it has not been provided.
In those circumstances, an affidavit from the solicitor who took instructions for and/or witnessed the will may also be filed. That affidavit should set out the solicitor's observations and beliefs as to the deceased person's testamentary capacity at the relevant time, refer to the elements of testamentary capacity, and explain the reasons for those beliefs.
No template is provided for affidavits filed in these circumstances. The content and form of any alternative affidavit will depend on the particular facts of the case and evidence available.
These forms are provided for information purposes only and do not constitute legal advice. If you require any further information you are encouraged to obtain legal advice.