This affidavit template may be used where information is needed about whether the deceased understood what they were doing when they made their will. It is completed by a medical practitioner who treated, assessed or examined the deceased around that time.
Use this template where information is needed about whether the deceased understood what they were doing when they made their will.
This affidavit should be completed by a medical practitioner who treated, assessed or examined the deceased shortly before, at the time of, or shortly after the will was made.
This template helps provide information about whether the deceased had testamentary capacity when the will was made.
The template asks for information about:
- the medical practitioner's observations of the deceased;
- any relevant medical conditions affecting the deceased;
- any relevant medical records that have been reviewed; and
- the medical practitioner's opinion about whether the deceased had testamentary capacity when the will was made.
Evidence from a medical practitioner is usually the most helpful evidence where there is a question about whether the deceased had testamentary capacity when the will was made.
If an affidavit from a medical practitioner cannot be obtained, the Probate Office will usually require an affidavit explaining why the medical evidence cannot be obtained and other evidence about the deceased's testamentary capacity.
The following templates may also be relevant:
- Affidavit Providing Additional Information and Evidence
- Affidavit of Testamentary Capacity by the Lawyer Who Prepared and Witnessed the Will
- Affidavit of Testamentary Capacity by a Person Other Than a Medical Practitioner or Lawyer
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.