Swearing Affidavits of Plight & Condition

Trusts Discussion
1

Hi

I am applying for a Grant on behalf of my charity and as part of the application need to comment on the condition of the Will. I understand that following last year’s changes we no longer have to swear an oath when applying for the Grant and I wondered whether the Affidavit of Plight & Condition still needs to be sworn?

Many thanks
Kate Davies
Cats Protection

2

I had this at the end of last year and prepared the Affidavit of Due Plight and Condition as a statement which was signed by the executor but not sworn and the grant issued without any problems.

Nigel Scase
Greene & Greene

3

Thanks, Nigel - that is good to know!

Kind regards

Kate Davies
Cats Protection

4

Hi - following on from this (and given that the current circumstances would make swearing an affidavit before a solicitor virtually impossible), has anyone experienced any problems in submitting an affidavit which is more akin to a statement of truth?

Thanks
Jane Robinson
Winckworth Sherwood LLP

5

Hi Jane

As I mentioned previously I had one go through without query and I have just submitted another (about 2 weeks ago) and am not expecting any problems.

Nigel Scase
Greene & Greene

6

I had to submit an affidavit of due execution this week and emailed the Registry on Tuesday to ask that in light of the Lockdown and social distancing could i submit a due execution statement of truth and received a response straightaway to say NO. It had to be sworn. I was lucky that a neighbouring solicitor was happy to meet ( they had an affidavit to swear as well).The other solicitors on our road refused which i understand.
The registry indicated that the rules would have to change in order for them not to accept an affidavit in these circumstances.

Monika Patel
Stapletons Solicitors

7

Many thanks Nigel – I may try this approach in the first instance. Which probate registry were you corresponding with?

Kind regards

Jane Robinson
Winckworth Sherwood LLP

8

Hi Jane
It was Newcastle Probate Registry.

Nigel Scase
Greene & Greene

9

Hi Jane

Just to follow up on my last posting the Grant has issued on the latest one

Nigel Scase
Greene & Greene

10

Many thanks Nigel – that is very encouraging news!

Jane Robinson
Winckworth Sherwood LLP