Non Probate Affidavit Template for England and Wales

A non-probate affidavit (also called a small estate declaration or indemnity) is a sworn statement used to access or transfer a deceased person's assets without obtaining a formal grant of probate or letters of administration from the Probate Registry. Financial institutions and other asset holders in England and Wales have discretion to release small-value assets to the next of kin or personal representative on receipt of such a declaration, typically when the estate falls below their internal threshold.

There is no fixed statutory threshold in England and Wales below which probate is legally unnecessary. However, many banks, building societies, and financial institutions set their own internal thresholds (typically between £15,000 and £50,000 per institution) below which they will release funds to the deceased's next of kin or personal representative without requiring a grant. Each institution sets its own threshold and requirements, so checking with each asset holder individually is essential.

The affidavit should confirm the full name and date of death of the deceased, the identity and relationship of the deponent, the estimated value of the estate at the relevant institution (confirming it falls within the threshold), confirmation that no grant of probate or letters of administration has been issued, a statement that the deponent is lawfully entitled to the assets, and an indemnity protecting the institution against any competing claims. It must be sworn before a solicitor or commissioner for oaths.

No. Under English law, the requirement for a formal grant of probate before transferring estate assets is the general rule, and institutions are not legally obliged to release assets on the basis of an informal declaration. However, many major UK banks and building societies voluntarily accept sworn small estate declarations under their own policies as a matter of administrative convenience, and the British Bankers' Association (now UK Finance) has encouraged this practice.

The indemnity clause in the affidavit protects the institution: the deponent personally undertakes to reimburse the institution if a valid competing claim (such as a later-discovered will or creditor claim) arises. If the institution acts in good faith based on the sworn declaration, it generally has a defence against liability to third parties. However, it retains a contractual right of reimbursement against the person who provided the indemnity.

Yes. Assets held as joint tenants (such as a joint bank account or jointly owned property with a right of survivorship) pass automatically to the surviving joint owner on death, without going through the estate or requiring probate. The survivor provides the institution with the death certificate, and survivorship is then formally registered or the account transferred. A non-probate affidavit is not required for joint tenancy assets.

Both serve a similar practical purpose, but they differ in formality. A non-probate affidavit is sworn on oath before an authorised person under the Oaths Act 1978 and is the more formal document. A statutory declaration is made under the Statutory Declarations Act 1835 and is also witnessed by an authorised person. Banks in England and Wales may accept either, but some specify which form they require in their small estate procedures.

A non-probate affidavit is typically tailored to a specific institution and asset. Each bank, pension provider, or investment account will require its own declaration covering the assets held at that institution. The deponent must confirm the value of those specific assets falls within the institution's threshold. If the deceased held accounts at multiple institutions, a separate declaration (and potentially a separate affidavit) may be needed for each.