An earlier thread dealt with whether an affidavit was needed for plight & condition of a will but has anyone had to make an application over a copy will recently? Presumably a full affidavit will be needed in these circumstances?
Nigel Scase
Greene & Greene
Yes at least one affidavit will be needed, but possibly more if multiple people can attest to the fact that the will was not revoked prior to death. I made an application a couple of years ago in which one affidavit was given by the solicitor who posted the will to the executor, and another by the executor who had lost it.
Tobias Gleed-Owen
Hewitsons LLP
After consulting with the DPR we have just submitted an application supported by a statement of truth - wording as previously used in affidavits .
Susan Grant
Julie West Solicitors
There is a specimen “Affidavit in support of an application to prove a copy Will” in Gaudern and Briggs, and I assume most other practitioner texts, but it needs to say where it was kept, that it cannot be found and details of how it was lost, with evidence to rebut the presumption the executor revoked it, if it as in their possession.
Submitted with an application for an order under rule 54 NCPR 1987 and a copy of the Will.
Iain Cameron
Acer Legal
I think that the point of the query was whether in the present difficult circumstances a Statement of Truth would be accepted in place of an Affidavit. Susan Grant has just posted that the DPR accepted
a Statement of Truth, which was very helpful to hear, as I too have to prepare an application to prove a lost Will.
Cliona O’Tuama
Solicitor
Iain I think you meant to say “the testator revoked it if it was in their possession".
Patrick Moroney