Affadavit of Execution for obtaining probate

JoeEngland

I've read that for obtaining probate an Afadavit of Execution from the Will witnesses is required. Is this really the case? When we dealt with my mother-in-law's probate in 2015 we didn't have to do this. The reason for asking is that we're ready to have our Wills witnessed and I'm wondering whether we need to get afadavits done at the same time, because there's no guarantee the witnesses would be alive or contactable when one or both of us passes away.

getmore4less

where did you read it?

Best took at what the probate court asks for the application form is still PA1.

xylophone

I've read that for obtaining probate an Afadavit of Execution from the Will witnesses is required. I

Surely this would only be where there was some doubt about the validity of the will?

https://www.lexisnexis.co.uk/legal/guidance/will-errors-affidavit-evidence

https://www.co-oplegalservices.co.uk/media-centre/probate-case-studies-2019/will-proven-to-be-valid-with-affidavit-of-due-execution--probate-case-study/

p00hsticks

Certainly not required in England when I successfully applied for probate a couple of months ago....

Keep_pedalling

I do know someone who had to provide one of these, but it was for a deathbed will that was challenged, and it was only done when the court ordered it.

The fact that are are asking this of strangers on the internet suggests you may be attempting a DIY will, which is really a good idea.

JGB1955

Keep_pedalling said:

I do know someone who had to provide one of these, but it was for a deathbed will that was challenged, and it was only done when the court ordered it.

The fact that are are asking this of strangers on the internet suggests you may be attempting a DIY will, which is really NOT a good idea.

Definitely NOT

JoeEngland

It is kind of a DIY Will, but copied from a previous one drawn up by a solicitor with just a change of executor and beneficiary. I thought an afadavit should only apply in some circumstances, but this remark I found suggested it may be needed even for non-contentious Wills.

"With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059 to provide for the use of witness statements as an alternative to affidavits for certain non-contentious probate applications and processes."

TBagpuss

No, that change is that when you apply for probate you now only sign a statement of truth, rather than having to formally swear an affidavit, as part of the probate application.
Previously, the executor had to swear an affidavit relating to the content of the will (i.e. the net and gross value of the estate) and identifying the original will. 
It's true of a lot of situations, where in the past you had to swear an affidavit and now you can simply sign a statement of truth