The Next of Kin Affidavit is a crucial document in Austrian inheritance proceedings, typically required when an individual needs to establish their legal right to inherit or manage a deceased person's estate. This document becomes necessary in situations where formal proof of relationship is required by banks, government agencies, or other institutions. The affidavit must conform to Austrian legal requirements and typically includes detailed information about the deceased person, the affiant's relationship to the deceased, and a comprehensive family structure declaration. It is particularly important in cases where there is no will, or where institutions require formal proof of next of kin status. The document must be executed in accordance with Austrian civil law and often requires notarization to be legally valid.
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1. Title and Declaration Statement: Formal title of the document and opening declaration statement including the date and place of execution
2. Affiant Information: Full legal name, address, and identification details of the person making the affidavit
3. Deceased Person Information: Full details of the deceased person including their last known address, date and place of death
4. Relationship Declaration: Clear statement of the relationship between the affiant and the deceased person
5. Family Structure Declaration: Comprehensive description of the deceased person's family structure, including spouse, children, parents, and siblings
6. Inheritance Rights Statement: Declaration regarding the affiant's right to inherit under Austrian law and the absence of a will if applicable
7. Supporting Documentation: List of all attached documents proving the stated relationships and facts
8. Attestation: Formal statement affirming the truth of all declarations made in the affidavit
1. Will Status Declaration: Required only when there is knowledge of an existing will or testament
2. Other Potential Heirs: Section listing other potential heirs when there are known relatives who might have inheritance claims
3. Foreign Law Compliance: Required when there are international aspects to the inheritance
4. Property Description: Detailed description of the deceased's property when required for specific asset claims
1. Schedule A - Identity Documents: Copies of official identification documents of the affiant and deceased
2. Schedule B - Relationship Proof Documents: Birth certificates, marriage certificates, and other official documents proving the stated relationship
3. Schedule C - Death Certificate: Official death certificate of the deceased person
4. Schedule D - Family Tree: Visual representation of the family relationship structure
5. Schedule E - Additional Supporting Documents: Any additional documentation required to support claims made in the affidavit
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