Affidavit In Lieu Of Inventory Template for England and Wales

When administering an estate in England and Wales, you may encounter situations where creating a complete inventory of the deceased's assets is impossible or impractical. In these circumstances, an Affidavit In Lieu Of Inventory becomes essential for progressing through probate proceedings while ensuring legal compliance with court requirements.

When do you need this document?

You'll need an Affidavit In Lieu Of Inventory when acting as an executor or administrator and cannot produce a comprehensive estate inventory due to practical obstacles. Common scenarios include situations where the deceased's financial records are incomplete, missing, or destroyed, when assets are located overseas and documentation is difficult to obtain, or when third parties refuse to provide necessary information about the deceased's holdings. This document is also crucial when time constraints require urgent probate action but complete asset verification would cause unacceptable delays. The affidavit allows you to proceed with probate while acknowledging the limitations in available information.

Key legal considerations

Your Affidavit In Lieu Of Inventory must be sworn before a Commissioner for Oaths or other authorised officer, making it a legally binding document under the Perjury Act 1911. You must provide honest and accurate information to the best of your knowledge, as false statements carry serious legal consequences including potential perjury charges. The document should clearly explain why a complete inventory cannot be produced, list all known assets with approximate values, and include any available supporting documentation. You must also state your legal capacity to make the affidavit and your relationship to the deceased. Remember that this affidavit doesn't replace your ongoing duty to discover and account for estate assets as they become known.

Legal requirements in England and Wales

Under the Administration of Estates Act 1925 and Non-Contentious Probate Rules 1987, your affidavit must comply with specific formal requirements for sworn statements in probate proceedings. The document must include proper court identification information, your full legal name and address as declarant, and detailed information about the deceased including their date of death. You must clearly state your justification for being unable to provide a complete inventory, supported by specific reasons rather than general assertions. The Civil Procedure Rules Part 32 governs the format and content requirements for affidavits, requiring proper jurat clauses and witness signatures. Additionally, the Supreme Court Act 1981 provides the legal framework ensuring your sworn statement carries the same weight as oral testimony in court proceedings.