The Affidavit of Death of Trustee is a essential legal document used in New Zealand when a trustee passes away and formal verification of their death is required for trust administration purposes. This document is particularly important for ensuring continuity in trust management and complying with New Zealand's trust law requirements, including the Trusts Act 2019 and related legislation. It is typically required when dealing with trust assets, appointing successor trustees, or updating property records. The affidavit must be sworn before an authorized person such as a Justice of the Peace or notary public and includes detailed information about the deceased trustee, the circumstances of their death, the trust's current status, and any succession arrangements. This document is crucial for maintaining proper trust administration and protecting the interests of beneficiaries while ensuring compliance with New Zealand's legal framework.
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1. Title and Court Reference: Formal heading identifying the document as an Affidavit of Death of Trustee and any relevant court reference numbers if applicable
2. Affiant Information: Identity and personal details of the person making the affidavit, including full name, occupation, and address
3. Basis of Knowledge: Explanation of how the affiant has personal knowledge of the facts stated in the affidavit
4. Deceased Trustee Details: Full name, last known address, and details of the deceased trustee
5. Death Information: Details of the trustee's death including date, place, and circumstances if relevant
6. Trust Information: Details of the trust including its name, date of creation, and the deceased's role as trustee
7. Current Trust Status: Current status of the trust and remaining trustees if any
8. Verification: Formal statement verifying that the contents of the affidavit are true and correct
9. Execution Block: Space for affiant's signature, date, and witness/notary details
1. Successor Trustee Information: Details of any nominated successor trustee, used when the trust document provides for automatic succession
2. Co-Trustee Statement: Information about any co-trustees and their status, used when there are multiple trustees
3. Trust Property Statement: Description of trust property requiring immediate management, used when there are urgent property matters
4. Prior Actions Taken: Description of any relevant actions taken since the trustee's death, used when there have been interim arrangements
5. Interested Parties: Information about beneficiaries or other interested parties who have been notified, used when required by trust terms
1. Death Certificate: Certified copy of the deceased trustee's death certificate
2. Trust Deed: Copy of the relevant trust deed or trust instrument
3. Trustee Appointment: Copy of the original trustee appointment documentation
4. Identity Documentation: Copies of identification documents for the affiant
5. Supporting Correspondence: Any relevant correspondence or documentation supporting the facts stated in the affidavit
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