New Zealand Law
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The application for probate of an estate is always rather technical and not always easy to understand. The High Court forms require that the affidavit in support of the application for probate can use a number of different options, which are specified in the precedents as Statement A, “I was present when the deceased died”, Statement B “I attended the deceased’s funeral”, Statement C “I saw the deceased’s dead body” or Statement D “the deceased is the person named... Insert full name... In the death certificate that is attached and marked “A”.
You can use any of these options in the application in support of probate. This information is taken from the latest seminar on the issue.
This series of alternatives are a paragraph in the affidavit in support, but could be in an affidavit on its own
The amount is not considered as this is not mentioned in the forms. The death certificate is just one of four options. Does this help
There are no restrictions on who can give the evidence of death. It is a routine part of the application. Anyone with the knowledge can give that evidence.
It isnt a conflict of interest.
The requirements for an application for probate are primarily set out in the High Court rules. Although the new Wills Act has changed some of the formal requirements to bring the wording up to date, the primary requirement for a will is that the intention of the will maker must be clear. There is no requirement to have the words which you suggest, under the old or the new versions of the act.
The primary requirements for a will are in section 11 which says-
11 Requirements for validity of wills
(1)A will must be in writing.
(2)A will must be signed and witnessed as described in subsections (3) and (4).
(3)The will-maker must—
(a)sign the document; or
(b)direct another person to sign the document on his or her behalf in his or her presence.
(4)At least 2 witnesses must—
(a)be together in the will-maker's presence when the will-maker—
(i)complies with subsection (3); or
(A)he or she signed the document earlier and that the signature on the document is his or her own; or
(B)another person directed by him or her signed the document earlier on his or her behalf in his or her presence; and
(b)each sign the document in the will-maker's presence.
(5)As evidence of compliance with subsection (4), at least 2 witnesses may each state on the document, in the will-maker's presence, the following:
(a)that he or she was present with the other witnesses when the will-maker—
(i)signed the document; or
(ii)acknowledged that he or she signed the document earlier and that the signature on the document is his or her own; or
(iii)directed another person whose signature appears on the document to sign the document on his or her behalf in his or her presence; or
(iv)acknowledged that another person directed by him or her signed the document earlier on his or her behalf in his or her presence; and
(b)that he or she signed the document in the will-maker's presence.
(6)No particular form of words is required for the purposes of subsection (5).
Its all in the above post-I suggest refresh the view and it should show the rest of the section, or i can repost
You don't need to say anything in the will about testamentary capacity. But the witnessing is set out in section 11, and is necessary. If you want to challenge the will you must file a caveat to stop the grant of probate and require it is proved in solemn form.