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88-01 : Affidavits of Execution of Wills

The Discipline Committee is concerned with the failure of some practitioners to ensure that an Affidavit of Execution is completed by a witness upon execution of a will. The profession is reminded that the best practice to follow when preparing a will is to draw and attach the Affidavit to the will at the time of execution. This avoids the problem of trying to locate the witnesses at a later date when an application for probate is made.

The Discipline Committee also advises the profession that when drawing a will it is inappropriate to charge an additional fee for the preparation of the Affidavit of Execution of the will.

(September 1988)

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