Witness Statement/Affidavit about Testamentary Documents

AuthorNasreen Pearce
Pages265-266

B5 Witness Statement/Affidavit about
Testamentary Documents

In the High Court of Justice Case No …

Chancery Division (Probate)

In the Estate of XX Deceased

BETWEEN

YY Claimant

and

ZZ Defendant

I [name and address] the claimant/defendant in this claim state/[if it is a sworn statement] state on oath that I have no knowledge of any document:

(a) Being or purported to be or having the form or effect of a will or codicil of [name of the deceased] whose estate is the subject of this claim;

(b) Being or purported to be a draft or written instructions for any such will or codicil made by or at the request of or under the instructions of the deceased;

(c) Being or purported to be evidence of the contents or a copy of any such will or codicil which is alleged to have been lost or destroyed;

except as follows:

[describe any testamentary document of the deceased which is in the deponent’s possession or control or of which he has knowledge. If any document is not in the possession or control of the deponent, give the name and address of the person who the deponent believes has possession or control of it or state that he...

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