The Affidavit For Collection Of Personal Property is a crucial document in Australian estate administration, designed to facilitate the collection of personal property from deceased estates where the value falls below the threshold requiring formal probate. This document is particularly useful in situations where the deceased's assets are relatively modest and held by institutions such as banks or financial organizations. The affidavit must be sworn or affirmed before an authorized witness and typically includes details of the deceased person, the deponent's relationship to the deceased, a description of the property to be collected, and declarations regarding the deponent's legal right to collect the property. It serves as a legal protection for institutions releasing property while ensuring proper distribution of the deceased's assets in accordance with Australian succession laws.
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1. Title and Court Information: Identifies the court jurisdiction and type of document
2. Deponent Information: Full legal name and address of the person making the affidavit
3. Deceased Person Details: Full name, last address, date of death, and occupation of the deceased person
4. Relationship and Right to Collect: Deponent's relationship to the deceased and legal basis for right to collect property
5. Estate Details: Description of the estate's total value and confirmation it falls within small estate limits
6. Property Description: Detailed list and description of the personal property to be collected
7. Other Entitled Persons: Statement regarding any other persons who may be entitled to the property and their consent
8. Declaration of Truth: Formal declaration that all statements are true and correct
9. Signature Block: Space for deponent's signature and date
10. Witness Authentication: Details and signature of authorized witness (usually a legal practitioner or justice of the peace)
1. Will Statement: Section declaring whether the deceased left a will, used when relevant to establish inheritance rights
2. Indemnity Statement: Statement indemnifying the holding institution, used when specifically required by the institution
3. Prior Claims: Section addressing any previous claims or attempts to collect the property, included if there is relevant history
4. Legal Notices: Section confirming required legal notices have been published, included if required by jurisdiction
5. Funeral Expenses: Details of funeral expenses and payment, included when claiming property to cover funeral costs
1. Schedule A - Property Details: Detailed inventory of personal property being claimed, including locations and estimated values
2. Schedule B - Supporting Documents: List of attached documents such as death certificate, will (if any), and proof of relationship
3. Schedule C - Consent Forms: Signed consent forms from other entitled persons, if applicable
4. Appendix 1 - Death Certificate: Certified copy of the death certificate
5. Appendix 2 - Identification Documents: Copies of deponent's identification documents
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