Executing Affidavit Coronavirus

Trusts Discussion
1

Hi All,

My colleague is dealing with an estate where the deceased was of Spanish domicile and left a Spanish Will and he needs to execute an affidavit confirming the validity of the Will and confirming who will be benefit under Spanish Law. The affidavit need to be executed in the presence of an independent witness. In the current circumstances, is anyone aware of whether the probate registry will take issue with the independent witness being another colleague of mine (therefore both from the same firm) and/or whether they will accept a Statement of Truth instead of an affidavit?

Kiran Bharj
Child & Child

2

I believe the Law Society guidance issued on 15th April allows a statement of truth to be accepted in place of an affidavit in respect of Rule 30 (1) (a.) (b.) and (c.).

I also had one accepted under NCPR 52.

Leanne Bloomfield
Beverley Morris & Co

3

Thank you Leanne, that is very helpful.

Kiran Bharj
Child & Child