Affidavit Of Heirship Template for Denmark

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Affidavit Of Heirship

Document background

The Affidavit of Heirship is a crucial document in Danish estate administration that serves to establish the rightful heirs of a deceased person when formal probate proceedings may not be necessary or as supplementary documentation in estate proceedings. This document becomes relevant when there is a need to transfer property or assets to heirs, particularly in cases where simplified inheritance procedures are applicable under Danish law. The affidavit contains detailed information about the deceased's family history, marital status, children, and other potential heirs, as well as basic information about the estate's assets. It must be executed in accordance with Danish legal requirements, including proper notarization, and can be used by financial institutions, property registries, and other authorities as evidence of heirship rights. The document is particularly important in Denmark's legal framework, where the Arveloven (Danish Inheritance Act) governs succession rights and estate distribution.

Suggested Sections

1. Declaration Statement: Opening statement identifying the affiant (person making the declaration) and establishing that the statement is made under oath

2. Affiant Information: Details about the person making the affidavit, including their full name, address, relationship to the deceased, and basis of knowledge

3. Deceased Person Information: Full details of the deceased person including full name, last address, date and place of death, and Danish CPR number

4. Marital History: Complete marital history of the deceased, including dates of marriages, divorces, and information about all spouses

5. Children and Descendants: List of all children (living and deceased) of the deceased person, including their names, birth dates, addresses, and any descendants of deceased children

6. Parents and Siblings: Information about the deceased's parents and siblings, including their vital status and relevant dates

7. Property Information: General description of the deceased's property and assets that will pass to the heirs

8. Heir Identification: Clear identification of all living heirs and their respective rights of inheritance

9. Verification: Final sworn statement confirming the truth of all statements and signature block with notarization

Optional Sections

1. Adopted Children: Section detailing any adopted children and their legal status - required when there are adopted children in the family

2. Previous Marriages: Detailed information about previous marriages and any children from those marriages - required when there were multiple marriages

3. Predeceased Heirs: Information about heirs who died before the deceased and their descendants - required when there are deceased heirs with living descendants

4. Disclaimer of Interests: Statement regarding any heirs who have disclaimed their inheritance rights - required when any heir has renounced their rights

5. Foreign Assets: Details of any assets located outside Denmark - required when the deceased owned foreign property

Suggested Schedules

1. Death Certificate: Certified copy of the deceased's death certificate

2. Marriage Certificate(s): Copies of marriage certificates documenting the deceased's marriages

3. Birth Certificates: Copies of birth certificates for children and relevant heirs

4. Divorce Decrees: Copies of divorce decrees if applicable

5. Property Documents: Copies of property titles or other documents showing ownership of significant assets

6. Family Tree: Visual representation of the family relationships described in the affidavit

7. Supporting Affidavits: Additional affidavits from family members or others with knowledge of the family history if needed

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