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 the lawyer who prepared the will and witnessed it being signed.
Use this template where information is needed about whether the deceased understood what they were doing when they made their will and an affidavit cannot be obtained from a medical practitioner.
This affidavit should be completed by the lawyer who prepared the will and witnessed its execution. Evidence from a medical practitioner will usually be required before this template is used.
This template helps a lawyer provide information about their dealings with the deceased around the time the will was made.
It asks for information about:
- the instructions given by the deceased;
- discussions with the deceased;
- observations made when instructions were taken and the will was signed; and
- the reasons the lawyer formed the view that the deceased had testamentary capacity.
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 before considering evidence from the lawyer who prepared and witnessed the will.
The following templates may also be relevant:
- Affidavit Providing Additional Information and Evidence
- Affidavit of Testamentary Capacity by a Medical Practitioner
- 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.