Affidavit Of Surviving Spouse

Affidavit Of Surviving Spouse Template for Ireland

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Key Requirements PROMPT example:

"I need an Affidavit of Surviving Spouse for my recently deceased husband who passed away intestate in March 2025; we have three adult children and jointly owned property in Dublin and Cork."

Document background

The Affidavit of Surviving Spouse is a fundamental document in Irish probate law, required when a person's spouse has passed away and their estate needs to be administered. This sworn statement is essential for obtaining a Grant of Probate or Letters of Administration in Ireland, depending on whether the deceased left a valid will. The document must comply with Irish succession laws, particularly the Succession Act 1965, and includes crucial information about the deceased, their marriage, assets, liabilities, and beneficiaries. It serves as a formal declaration of the surviving spouse's relationship to the deceased and their knowledge of the estate, helping to prevent fraud and ensure proper distribution of assets. The affidavit must be carefully prepared as it forms part of the official court record and any false statements could result in serious legal consequences.

Suggested Sections

1. Opening Statement: Formal introduction identifying the deponent (surviving spouse) including full name, address, and occupation

2. Deceased Details: Full details of the deceased spouse including full name, last address, date of death, and place of death

3. Marriage Details: Declaration of marriage to the deceased, including date and place of marriage, and confirmation that the marriage was subsisting at the time of death

4. Estate Details: Description of the deceased's estate, including approximate value and nature of assets

5. Next of Kin: List of all surviving next of kin, including children if any

6. Will Status: Declaration regarding whether the deceased died testate or intestate

7. Verification of Facts: Statement confirming all information provided is true and accurate to the best of deponent's knowledge

8. Jurat: Formal closing section showing where and when the affidavit was sworn

Optional Sections

1. Previous Marriages: Required if either the deceased or surviving spouse had any previous marriages

2. Foreign Assets: Required if the deceased owned property or assets in other jurisdictions

3. Business Interests: Required if the deceased had any business ownership or partnerships

4. Debts and Liabilities: Optional section detailing known debts of the deceased

5. Guardianship: Required if there are minor children and guardianship arrangements need to be addressed

6. Legal Proceedings: Required if there are any ongoing legal proceedings involving the deceased's estate

Suggested Schedules

1. Schedule A - Death Certificate: Certified copy of the deceased's death certificate

2. Schedule B - Marriage Certificate: Certified copy of the marriage certificate

3. Schedule C - Asset Inventory: Detailed list of all known assets of the deceased

4. Schedule D - Will Copy: Copy of the deceased's last will and testament (if applicable)

5. Schedule E - Property Deeds: Copies of property deeds or titles owned by the deceased

6. Schedule F - Bank Statements: Recent bank statements and financial records of the deceased

Authors

Alex Denne

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

alex.den.21@genieai.co

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Find the exact document you need

Personal Affidavit

A formal sworn statement of facts authenticated by an authorized official under Irish law, used as legal evidence or formal testimony.

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Let's create your Affidavit Of Surviving Spouse

Authors

Alex Denne

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