The Next of Kin Affidavit is a fundamental document in Irish succession law, typically used when a person has died without leaving a valid will (intestate) and their estate needs to be administered. This sworn statement is particularly useful for smaller estates where a full grant of probate may not be necessary. The document must comply with Irish legal requirements and includes detailed information about the deceased, their family structure, and potential beneficiaries. It helps financial institutions, property registries, and other organizations verify who has the legal right to deal with the deceased's assets. The affidavit must be sworn before a Commissioner for Oaths or practicing solicitor and is commonly used to access bank accounts, transfer assets, or claim insurance benefits.
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1. Title and Introduction: Formal title of the document and introduction of the deponent making the affidavit
2. Deponent Details: Full legal name, address, and occupation of the person making the affidavit
3. Deceased Person Details: Full name, last address, occupation, and date of death of the deceased person
4. Relationship Declaration: Clear statement of the deponent's relationship to the deceased
5. Death Details: Circumstances of death, place of death, and whether death certificate is available
6. Intestacy Declaration: Statement confirming the deceased died without leaving a valid will
7. Family Structure: Detailed information about the deceased's family members including spouse, children, parents, and siblings
8. Estate Details: General description of the deceased's estate and estimated value
9. Next of Kin List: Comprehensive list of all persons entitled to share in the estate under intestacy rules
10. Truth Declaration: Formal declaration that all statements made in the affidavit are true and accurate
11. Signature Block: Space for deponent's signature, witness details, and commissioner for oaths certification
1. Foreign Assets Declaration: Required when the deceased owned assets in other countries
2. Previous Marriages: Required when the deceased had prior marriages or civil partnerships
3. Adopted Children: Required when there are adopted children who may have inheritance rights
4. Disclaimer of Interest: Required when any next of kin wishes to renounce their entitlement
5. Small Estate Declaration: Required for estates falling under the small estate threshold
6. Capacity Declaration: Required when any next of kin lacks legal capacity
7. Last Known Address History: Required when the deceased had multiple addresses in recent years
1. Schedule A - Family Tree: Detailed family tree showing relationships of all potential beneficiaries
2. Schedule B - Asset Listing: Itemized list of known assets belonging to the deceased
3. Schedule C - Supporting Documents: List of attached documents such as death certificate, marriage certificates, birth certificates
4. Schedule D - Search Results: Results of searches conducted for a will or other relevant documents
5. Appendix 1 - Identity Documents: Copies of identification documents for the deponent and key family members
6. Appendix 2 - Death Certificate: Certified copy of the death certificate
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