The Affidavit of Nearest Kin is a fundamental document in Malaysian estate administration, particularly when someone dies without a will or when formal documentation of family relationships is required. This sworn statement is used to establish the identity and rights of the deceased's next of kin, typically in situations where letters of administration need to be obtained or when dealing with banks, insurance companies, or other institutions holding the deceased's assets. The document must comply with Malaysian legal requirements and typically includes detailed information about the deceased, their family structure, and the deponent's relationship to the deceased. It plays a crucial role in protecting both the administrators and beneficiaries of the estate by formally documenting familial relationships and rights to inheritance.
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1. Title and Heading: Formal title of the document, court details if applicable, and case reference number
2. Deponent Information: Full name, NRIC number, age, occupation and address of the person making the affidavit
3. Deceased Information: Full details of the deceased person including full name, last known address, NRIC number, date and place of death
4. Relationship Declaration: Statement of the deponent's relationship to the deceased
5. Family Structure: Comprehensive list of the deceased's immediate family members, including spouse(s), children, parents, and siblings
6. Estate Details: Brief description of the known assets and estimated value of the deceased's estate
7. Declaration of Truth: Formal declaration that all statements made in the affidavit are true
8. Attestation: Commissioner for Oaths' attestation and official seal
1. Marriage History: Details of the deceased's marriage(s) and divorce(s) if applicable - include when there were multiple marriages
2. Islamic Law Declaration: Statement regarding the deceased's religion and application of Islamic law - include when the deceased was Muslim
3. Consent Statements: Written consent from other eligible next of kin - include when there are other eligible parties who have agreed to the deponent acting as administrator
4. Previous Applications: Declaration regarding any previous applications for letters of administration - include if there have been prior attempts to administer the estate
5. Disability Declarations: Statements regarding any beneficiaries who are minors or mentally incapacitated - include when relevant beneficiaries have such conditions
1. Death Certificate: Certified true copy of the deceased's death certificate
2. Identity Documents: Copies of NRIC/passport of the deceased and deponent
3. Family Documents: Marriage certificates, birth certificates of children, and other relevant family documentation
4. Asset Schedule: Detailed list of the deceased's known assets and their estimated values
5. Consent Letters: Written consent letters from other eligible next of kin if applicable
6. Translation Certificate: Certified translations of any documents not in Bahasa Malaysia or English
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