Self Declaration Affidavit For Next Of Kin Certificate for the United Kingdom

Self Declaration Affidavit For Next Of Kin Certificate Template for England and Wales

A Self Declaration Affidavit for Next of Kin Certificate is a legal document used in England and Wales where an individual formally declares their relationship to a deceased person and their right to be recognized as next of kin. This sworn statement, made under penalty of perjury, includes detailed information about the declarant's relationship to the deceased, family circumstances, and confirms the absence or presence of other potential next of kin claimants. It serves as a formal legal document for various administrative and legal procedures.

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What is a Self Declaration Affidavit For Next Of Kin Certificate?

The Self Declaration Affidavit For Next Of Kin Certificate is a crucial document in English and Welsh law used when formal proof of next of kin status is required but no formal grant of probate or letters of administration have been obtained. It is commonly used for accessing bank accounts, claiming insurance benefits, or dealing with other assets of the deceased. The document contains detailed personal information about both the declarant and the deceased, outlines their relationship, and includes statements about other potential next of kin. It must be sworn before a Commissioner for Oaths or similar authorized official to be legally valid.

What sections should be included in a Self Declaration Affidavit For Next Of Kin Certificate?

1. Declaration Header: Includes affiant details, date, and jurisdiction

2. Personal Information: Declarant's full details including address and relationship to deceased

3. Deceased's Information: Full details of the deceased person including date and place of death

4. Relationship Statement: Clear statement of relationship to deceased and basis for next of kin claim

5. Other Potential Claimants: Statement regarding existence or non-existence of other potential next of kin

6. Declaration of Truth: Formal statement affirming truth of contents under penalty of perjury

What sections are optional to include in a Self Declaration Affidavit For Next Of Kin Certificate?

1. Additional Family Members: Details of other family members when relevant to establishing priority - use when there are multiple potential next of kin

2. Previous Marriages: Information about previous marriages of deceased - use when deceased had multiple marriages

3. Property Details: Information about deceased's assets - use when specific property needs to be identified

What schedules should be included in a Self Declaration Affidavit For Next Of Kin Certificate?

1. Death Certificate: Certified copy of death certificate

2. Family Tree: Diagram showing family relationships relevant to next of kin claim

3. Supporting Documents: Marriage certificates, birth certificates, or other relevant documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Industries

Administration of Estates Act 1925: Core legislation that defines who qualifies as next of kin, establishes the order of priority for inheritance, and sets out basic rules for estate administration

Family Law Reform Act 1987: Legislation relevant for establishing relationships and rights of children, including both legitimate and illegitimate children in matters of inheritance

Civil Partnership Act 2004: Legislation recognizing and protecting the rights of civil partners as next of kin in legal matters

Marriage (Same Sex Couples) Act 2013: Law ensuring equal treatment and recognition of same-sex spouses in next of kin matters

Statutory Declarations Act 1835: Historical legislation that establishes the requirements for making valid declarations under oath

Perjury Act 1911: Criminal law that makes false declarations a criminal offense, emphasizing the serious nature of affidavits

Mental Capacity Act 2005: Legislation relevant for cases where the deceased lacked capacity before death and for establishing validity of prior arrangements

Human Rights Act 1998: Law ensuring compliance with human rights principles in family matters and inheritance

The Supreme Court Rules: Procedural guidelines and requirements for sworn statements and affidavits in legal proceedings

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