The Affidavit of Kinship is a essential legal document within New Zealand's legal framework, primarily used in probate court proceedings and estate administration. This sworn statement details family relationships, marriages, births, deaths, and other relevant family information that helps establish inheritance rights and familial connections. The document must comply with New Zealand's legal requirements, particularly the Oaths and Declarations Act 1957, and needs to be witnessed by authorized persons such as a Justice of the Peace or solicitor. It is commonly required when someone dies intestate (without a will), when proving rightful heirs, or when establishing beneficiary relationships in estate matters. The affidavit includes comprehensive information about the deceased's family tree, including spouses, children, siblings, and parents, and may be supplemented with supporting documentation such as birth certificates, death certificates, and marriage certificates.
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1. Title and Court Details: Specifies the jurisdiction, court reference numbers if applicable, and matter description
2. Deponent Information: Full legal name, occupation, and residential address of the person making the affidavit
3. Relationship Statement: Direct statement of the deponent's relationship to the deceased or relevant person
4. Personal Details of Deceased: Full name, last address, date of death, and occupation of the deceased person
5. Marriage History: Details of all marriages and civil unions of the deceased, including dates and locations
6. Children Details: Names, ages, and current addresses of all children (including adopted and deceased children) of the deceased
7. Parents Information: Details about the deceased's parents, including their names, dates of death if applicable
8. Siblings Information: Names and details of all siblings of the deceased, including half-siblings and deceased siblings
9. Verification Statement: Statement confirming the truth and accuracy of the information provided
10. Execution Block: Date, signature block, and witness attestation as required by NZ law
1. Grandchildren Details: Used when there are grandchildren who might have inheritance rights or when children of the deceased are deceased
2. Previous Names: Include when the deceased or family members have changed names through marriage or deed poll
3. Indigenous Status: Section addressing Māori ancestry and tribal affiliations when relevant
4. Estate Claims History: Include if there have been any previous claims or disputes regarding the estate
5. Additional Family History: Used when complex family relationships need explanation or clarification
6. Foreign Assets Statement: Include when the deceased owned property or assets in other countries
1. Family Tree Diagram: Visual representation of the family relationships described in the affidavit
2. Supporting Documents: List of attached documents such as birth certificates, death certificates, or marriage certificates referenced in the affidavit
3. Certificate of Non-Marriage Search: If applicable, results of searches confirming no unknown marriages
4. Translation Certificates: Required when any supporting documents are in languages other than English
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