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Affidavit Of Witness To A Will Template for Singapore

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Affidavit Of Witness To A Will

"I need an Affidavit of Witness to a Will for a probate application in Singapore, where I witnessed Mr. Chan's will signing on January 15, 2025, and I need to confirm his mental capacity and proper execution procedures at the time."

What is a Affidavit Of Witness To A Will?

The Affidavit of Witness to a Will is a critical document required during probate proceedings in Singapore. When a testator passes away, this affidavit helps establish the validity of their will by providing sworn testimony from an original witness. The document includes details about the will execution date, location, the testator's mental state, and confirmation that all legal requirements under Singapore's Wills Act were met. This affidavit is particularly important when questions arise about the will's validity or when significant time has passed since the will's execution.

What sections should be included in a Affidavit Of Witness To A Will?

1. Identification of Deponent: Personal details of the witness making the affidavit, including full name, NRIC/passport number, occupation and address

2. Identity of Testator: Details of the deceased person whose will was witnessed, including full name, NRIC/passport number, and last known address

3. Details of Will Execution: Specific date, time, and location where the will was witnessed

4. Witnessing Statement: Declaration confirming presence during signing and compliance with legal requirements

5. Mental Capacity Statement: Confirmation of testator's apparent sound mind and understanding

What sections are optional to include in a Affidavit Of Witness To A Will?

1. Additional Witnesses: Details of other witness(es) present during will execution when multiple witnesses need to be referenced

2. Special Circumstances: Any unusual circumstances or notable events during the will execution that need to be documented

What schedules should be included in a Affidavit Of Witness To A Will?

1. Copy of Will: Certified copy of the will being referenced

2. Identification Documents: Copies of identification documents of the witness and/or testator

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Wills Act (Chapter 352) - Section 6: Formal requirements for valid will execution, including the need for two witnesses to be present and sign the will in the presence of the testator

Wills Act (Chapter 352) - Section 5: Requirements for witness competency, including age requirements and restrictions on beneficiaries or their spouses acting as witnesses

Oaths and Declarations Act (Chapter 211): Legal requirements for making a valid affidavit and rules governing who can administer oaths

Witness Age Requirement: Witnesses must be at least 21 years old to be legally competent to witness a will

Witness Mental Capacity: Witnesses must be of sound mind and competent to testify in court

Witness Disqualification: Witnesses cannot be beneficiaries of the will or spouses of beneficiaries

Will Execution Process: The testator must sign the will in the presence of two witnesses, and both witnesses must sign in the presence of the testator

Affidavit Authentication: The affidavit must be sworn before a Commissioner for Oaths and contain a statement of truth

Probate and Administration Act (Chapter 251): Requirements for probate applications and the role of witnesses in the probate process

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