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 someone who knew the deceased well, such as a friend, family member, neighbour or colleague.
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 or the lawyer who prepared and witnessed the will.
This affidavit should be completed by a person who knew the deceased well. Evidence from a medical practitioner or the lawyer who prepared and witnessed the will will usually be required before this template is used.
This template asks for information about the person's observations of the deceased shortly before, at the time of, and shortly after the will was made.
The template is designed to help a person provide evidence about what they personally observed of the deceased's memory, understanding, communication and decision-making.
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 other evidence about the deceased's testamentary capacity.
If the will was prepared and witnessed by a lawyer, the Probate Office will usually also require evidence from that lawyer. If an affidavit from the lawyer cannot be obtained, the Probate Office will usually require an affidavit explaining why that evidence cannot be obtained before considering evidence from a person who knew the deceased.
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 the Lawyer Who Prepared and Witnessed the Will
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.