Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Affidavit definition

What does Affidavit mean? An affidavit is a written statement of fact confirmed on oath or affirmation for use as evidence. The deponent swears or affirms the contents before an authorised person (e.g., a commissioner for oaths or notary public). It ends with a jurat stating when, where and by whom it was sworn, and a knowingly false affidavit may amount to perjury. Form and procedure are set by rules of court and oaths legislation, rather than a single statutory definition. Affidavits present factual evidence on applications and procedural stages, typically for interim relief, insolvency, probate (including service and due execution) and family proceedings;...

Proving wills with irregularities: affidavit and witness statement evidence in non-contentious probate (England and Wales)

Published by a LexisNexis Private Client expert

Practice notes

affidavit or witness statement evidence

In a grant of representation application, the court will ordinarily accept the details provided in form PA1P or PA1A, or the online application (previously a separate statement of truth), as the sole proof of the deceased’s Will. On occasion, extra material is required, which can be supplied by affidavit or by witness statement. From 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) were revised by the Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059, to permit the use of witness statements as an alternative to affidavits for particular non-contentious probate applications and processes.

Due execution

An attestation clause in a Will that demonstrates compliance with section 9 of the Wills Act 1837 creates a presumption that the Will was duly executed. Practitioners must judge whether each testamentary document meets the requirements of WA 1837, s 9. Uncertainty about due execution may arise, for example, where:

the testator’s signature, or that of either witness, appears in an atypical place on the page...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...