A Testamentary Affidavit is a crucial document in Canadian estate administration, required when seeking probate or dealing with estate matters through the court system. This sworn statement is typically used to provide evidence about the authenticity of a will, circumstances surrounding its execution, or facts relevant to the administration of an estate. The document must comply with both federal legislation (such as the Canada Evidence Act) and provincial estate laws, which vary by jurisdiction. The affidavit includes detailed information about the deceased, their will, and relevant circumstances, sworn before a Commissioner for Oaths or Notary Public. It serves as a formal record and evidence in court proceedings, helping to establish the validity of the will and supporting the proper administration of the estate.
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1. Title and Court Information: Identifies the court, estate file number, and matter being addressed
2. Deponent Information: Identifies the person making the affidavit, including full legal name, occupation, and place of residence
3. Relationship Statement: Establishes the relationship between the deponent and the deceased person
4. Deceased Person Information: Details about the deceased person including full legal name, date of death, and last place of residence
5. Will Information: Details about the will including date of execution, location of original, and confirmation of it being the last will
6. Statement of Truth: Standard declaration that the contents are true to the best of the deponent's knowledge and belief
7. Jurat: Formal closing section showing where and when the affidavit was sworn, with commissioner's details
1. Assets and Liabilities: Detailed listing of the deceased's assets and liabilities, used when the affidavit supports estate administration
2. Search Results: Results of searches for additional wills or codicils, included when required by the jurisdiction
3. Testamentary Capacity: Statements about the deceased's mental capacity at the time of making the will, included when capacity might be questioned
4. Witnesses to Will: Information about the witnesses to the will, included when proving will execution
5. Family Details: Information about the deceased's family members and beneficiaries, included when relevant to the estate administration
6. Prior Applications: Details of any previous applications relating to the estate, included when there have been previous proceedings
1. Exhibit A - The Will: True copy of the last will and testament
2. Exhibit B - Death Certificate: Certified copy of the death certificate
3. Exhibit C - Asset Schedule: Detailed inventory of estate assets and their values
4. Exhibit D - Liability Schedule: List of estate debts and liabilities
5. Exhibit E - Search Results: Documentation of will registry searches or similar enquiries
6. Exhibit F - Supporting Documents: Any additional relevant documents such as codicils, proof of relationship, or correspondence
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