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Affidavit Of Nearest Kin for the United Kingdom

Affidavit Of Nearest Kin Template for England and Wales

An Affidavit of Nearest Kin is a formal legal document used in England and Wales where a person swears or affirms their relationship to a deceased individual. This document is typically required during probate proceedings or estate administration when establishing the rightful heirs or next of kin. It contains detailed information about family relationships, including a comprehensive family tree, and must be sworn before a Commissioner for Oaths or other authorized official.

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Affidavit Of Nearest Kin

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What is a Affidavit Of Nearest Kin?

The Affidavit of Nearest Kin serves as a crucial document in English and Welsh law for establishing familial relationships in probate matters. It is commonly required when someone dies without a will (intestate), or when the relationship between parties needs to be formally established for estate administration. The affidavit includes detailed family information, sworn statements about relationships, and often includes supporting documentation such as birth and death certificates. This document helps the Probate Registry and other authorities determine the rightful beneficiaries of an estate and ensures proper distribution of assets according to inheritance laws.

What sections should be included in a Affidavit Of Nearest Kin?

1. Title and Introduction: Identifies the document as an affidavit and names the deponent

2. Personal Details: Deponent's full name, address, and occupation

3. Relationship Statement: Details of relationship to deceased and confirmation of next of kin status

4. Family Tree Details: Comprehensive list of relevant family members and their relationships

5. Declaration of Truth: Formal statement confirming truth of contents

6. Signature Block: Space for signature, witness details, and date

What sections are optional to include in a Affidavit Of Nearest Kin?

1. Assets Declaration: List of known assets of deceased (when relevant to probate)

2. Other Claimants Statement: Declaration regarding other potential claimants (when multiple potential heirs exist)

3. Mental Capacity Statement: When affidavit relates to person lacking capacity

What schedules should be included in a Affidavit Of Nearest Kin?

1. Family Tree Diagram: Visual representation of family relationships

2. Supporting Documents: Copies of birth certificates, marriage certificates, death certificates

3. Asset Schedule: Detailed list of assets and their estimated values (if relevant)

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions

























Clauses




















Industries

Administration of Estates Act 1925: Primary legislation that defines the order of priority for next of kin, establishes rules for intestate succession, and sets out who can administer an estate

Supreme Court Act 1981: Provides legal authority for making affidavits and sets out requirements for sworn statements

Civil Evidence Act 1995: Governs the admissibility of evidence and establishes how statements in affidavits can be used in legal proceedings

Inheritance (Provision for Family and Dependants) Act 1975: Defines who qualifies as family members and dependants, crucial for establishing relationships in inheritance matters

Family Law Reform Act 1987: Legislation relevant for establishing relationships and legitimacy, particularly important for determining next of kin status

Perjury Act 1911: Makes false statements in affidavits a criminal offense, forming the basis for warning clauses in affidavits

Commissioner for Oaths Act 1889: Sets out requirements for properly sworn affidavits and defines who has authority to witness affidavits

Mental Capacity Act 2005: Relevant for cases involving persons lacking capacity and establishing authority to act on their behalf

Teams

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