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Estate Affidavit Template for New Zealand

An Estate Affidavit is a formal sworn document used in New Zealand's legal system to provide evidence regarding a deceased person's estate matters. It serves as a legal declaration containing detailed information about the deceased person, their assets and liabilities, and matters relevant to the administration of their estate. The document must comply with New Zealand's Administration Act 1969 and the Oaths and Declarations Act 1957, and is typically used in probate proceedings or estate administration processes. It requires careful preparation and must be sworn or affirmed before an authorized person such as a Justice of the Peace or solicitor.

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What is a Estate Affidavit?

An Estate Affidavit is a crucial document in New Zealand's estate administration process, typically required when dealing with the High Court for probate matters or managing deceased estates. This sworn document is used to provide formal evidence about the deceased person's assets, liabilities, and other relevant matters pertaining to their estate. The Estate Affidavit must comply with New Zealand legal requirements and is commonly used when applying for probate, letters of administration, or dealing with contested estate matters. It contains detailed information about the deceased, their assets and liabilities, and any relevant circumstances affecting the estate's administration. The document must be sworn or affirmed before an authorized person and may be relied upon by courts, financial institutions, and other parties involved in the estate administration process.

What sections should be included in a Estate Affidavit?

1. Deponent Details: Full legal name, occupation, and address of the person making the affidavit

2. Deceased Person Details: Full name, last address, occupation, and date of death of the deceased person

3. Relationship Statement: Statement explaining the deponent's relationship to the deceased and basis for knowledge of the estate

4. Death Confirmation: Details confirming the death, including reference to death certificate

5. Will Status: Statement confirming whether the deceased left a valid will or died intestate

6. Estate Assets: Detailed list and description of all known assets belonging to the deceased at the time of death

7. Estate Liabilities: List of all known debts and liabilities of the estate

8. Distribution Entitlement: Statement of who is entitled to receive the estate assets under the will or intestacy rules

9. Verification Statement: Standard affirmation of the truth of the contents and Oaths and Declarations Act compliance

What sections are optional to include in a Estate Affidavit?

1. Prior Court Proceedings: Required if there have been any previous court proceedings relating to the estate

2. Family Protection Claims: Required if there are any known or potential claims under the Family Protection Act

3. Caveat Statement: Required if any caveats have been lodged against the estate

4. Foreign Assets: Required if the deceased owned assets in other jurisdictions

5. Business Interests: Required if the deceased had any business ownership or interests

6. Trust Interests: Required if the deceased was a trustee or beneficiary of any trusts

What schedules should be included in a Estate Affidavit?

1. Schedule A - Asset Inventory: Detailed inventory of all estate assets including descriptions, locations, and estimated values

2. Schedule B - Liability Details: Comprehensive list of estate debts and liabilities with creditor details

3. Schedule C - Supporting Documents: List of all documents referenced in the affidavit (death certificate, will, etc.)

4. Schedule D - Family Tree: Required in intestacy cases to show the deceased's family relationships and potential beneficiaries

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

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions

























Clauses





















Relevant Industries

Legal Services

Financial Services

Banking

Real Estate

Wealth Management

Insurance

Professional Services

Public Sector

Trustee Services

Relevant Teams

Legal

Compliance

Wealth Management

Estate Administration

Risk Management

Private Client Services

Corporate Services

Property Administration

Document Management

Relevant Roles

Estate Lawyer

Probate Attorney

Trust Officer

Estate Administrator

Legal Executive

Wealth Manager

Financial Advisor

Bank Manager

Property Manager

Compliance Officer

Risk Manager

Estate Planning Specialist

Private Client Advisor

Court Registrar

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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