The Probate Affidavit is a mandatory legal document required in New Zealand when seeking to obtain a grant of probate from the High Court. This document is necessary when a person dies leaving a will and their estate needs to be administered. The affidavit must be prepared and sworn by the named executor(s) of the will, providing crucial information about the deceased person, their will, and the estimated value of their estate. It serves as the executor's formal declaration under oath, confirming their appointment, the validity of the will, and their commitment to administering the estate according to law. The document must comply with New Zealand's High Court Rules 2016 and the Administration Act 1969, and typically includes details about searches for later wills, the proper execution of the will, and the estimated value of the estate.
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1. Deponent Details: Identity and address of the person making the affidavit, typically the executor
2. Deceased Details: Full name, address, occupation, and date of death of the deceased person
3. Will Details: Date of the will, confirmation it's the last will, and its current location
4. Executor Confirmation: Statement confirming the deponent is named as executor and willing to act
5. Will Execution: Confirmation that the will was properly executed according to law
6. Estate Value: Statement of the estimated value of the estate
7. Search Declaration: Confirmation that searches for later wills have been conducted
8. Administration Promise: Undertaking to administer the estate according to law
1. Multiple Executors: Required when there are co-executors, explaining if others are renouncing or joining in the application
2. Will Alterations: Needed if there are any alterations, erasures, or obliterations in the will requiring explanation
3. Foreign Assets: Required when the deceased owned assets in other jurisdictions
4. Witness Details: Extended section needed when witnesses to the will must be traced or their absence explained
5. Testamentary Capacity: Required when there might be questions about the deceased's capacity when making the will
6. Relationship Property: Needed when the deceased was married or in a civil union at time of death
1. Schedule A - Assets: Detailed inventory of the deceased's assets including real estate, bank accounts, investments, and personal property
2. Schedule B - Liabilities: List of all debts and liabilities of the estate
3. Exhibit A - Death Certificate: Certified copy of the deceased's death certificate
4. Exhibit B - Will: Original will or certified copy attached as an exhibit
5. Exhibit C - Supporting Documents: Any additional documents supporting special circumstances mentioned in the affidavit
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