Writing a strong affidavit in a family protection matter

Writing a strong affidavit for a Family Protection Act 1955 claim in New Zealand requires clarity, structure, and relevant evidence. Here’s a step-by-step guide:

1. Understand the Purpose of the Affidavit

An affidavit is a sworn statement of facts that supports your application. In a Family Protection Act case, you need to prove that:

• The deceased had a moral duty to provide for you in their will.

• The provisions in the will (or lack thereof) do not provide adequate support.

• You have financial or other needs justifying a claim.

2. Format and Structure

An affidavit should be typed, numbered, and follow the High Court Rules format. It typically includes:

(A) Title

At the top, state:

• IN THE HIGH COURT OF NEW ZEALAND

• [City] REGISTRY

• CIV-[year]-[case number]

• IN THE MATTER of the Family Protection Act 1955

• BETWEEN [Your full name] (Plaintiff/Applicant)

• AND [Executor(s) of the Estate] (Defendant/Respondent)

(B) Introduction

• Your full name, address, and occupation.

• A statement: "I, [Your Full Name], solemnly and sincerely affirm and declare as follows:"

• Confirm your relationship to the deceased (e.g., child, grandchild, spouse).

(C) Background of the Deceased

• The full name of the deceased, date of death, and whether there is a will.

• Details of the deceased’s assets and estate value.

• A summary of the will and its distribution.

• If the deceased did not leave a will, state that intestacy rules apply.

(D) Your Relationship with the Deceased

• The nature of your relationship (e.g., close, distant, dependent).

• Any contributions you made to the deceased’s well-being (e.g., caregiving, financial support).

• Any promises the deceased made about inheritance.

(E) Why the Will is Unfair

• Explain why the deceased’s provisions (or lack thereof) are inadequate.

• Outline your financial situation:

  • Income and expenses.

  • Debts, health conditions, or other financial burdens.

  • Dependents you support.

• If other beneficiaries received more, explain why this is unjust or unreasonable.

(F) Evidence Supporting Your Claim

• Attach documents (bank statements, medical records, emails, letters, or evidence of contributions).

• If other beneficiaries are financially stable, include supporting evidence.

• Any witness statements from others who knew about the deceased’s intentions.

(G) What You Are Asking the Court For

• Specify the adjustment you seek (e.g., increased share of the estate, specific assets).

• State why this is just and reasonable.

(H) Sworn Statement

At the end of the affidavit, add:

"I solemnly and sincerely declare that the contents of this affidavit are true and correct to the best of my knowledge and belief."

Your signature
Date
Sworn before a lawyer, Justice of the Peace (JP), or Registrar.

3. Key Tips for Writing a Strong Affidavit

✅ Be factual, not emotional – Avoid personal attacks on other beneficiaries.
✅ Use clear, concise language – Avoid unnecessary detail.
✅ Include relevant documents – Support your claims with evidence.
✅ Ensure consistency – Any inconsistencies can weaken your case.
✅ Get legal advice – Family Protection claims can be complex, and a lawyer can strengthen your affidavit.

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Here's a sample affidavit template for a Family Protection Act 1955 claim in New Zealand. You can modify it to fit your specific circumstances.

IN THE HIGH COURT OF NEW ZEALAND

[City] REGISTRY
CIV-[year]-[case number]

IN THE MATTER of the Family Protection Act 1955

BETWEEN
[Your Full Name] of [Your Address], [Your Occupation]
Plaintiff/Applicant

AND
[Executor(s) Full Name] of [Address], as Executor(s) of the Estate of [Deceased’s Full Name]
Defendant/Respondent

AFFIDAVIT OF [YOUR FULL NAME]

I, [Your Full Name], of [Your Address], [Your Occupation], solemnly and sincerely affirm and declare as follows:

1. Introduction

1.1 My full name is [Your Full Name]. I was born on [Your Date of Birth].
1.2 I am the [relationship to deceased, e.g., son/daughter/grandchild] of [Deceased’s Full Name], who passed away on [Date of Death].
1.3 This affidavit is made in support of my claim under the Family Protection Act 1955, as I believe the deceased failed to make adequate provision for my proper maintenance and support in their will.

2. Details of the Deceased’s Estate

2.1 The deceased passed away on [Date of Death], and probate of their will was granted on [Date Probate Granted].
2.2 A copy of the will dated [Date of Will] is attached as Annexure A.
2.3 The approximate value of the estate is $[Amount], consisting of:

• Real property valued at $[Amount]

• Bank accounts and investments totaling $[Amount]

• Personal assets worth $[Amount]

3. My Relationship with the Deceased

3.1 I had a [describe relationship: close, distant, dependent] relationship with the deceased.
3.2 [Describe your involvement in their life, e.g., financial dependency, caregiving, support.]
3.3 The deceased made [verbal/written] promises that I would be provided for in their will. Evidence of this is attached as Annexure B (e.g., emails, letters, witness statements).

4. The Provisions of the Will and Why They Are Inadequate

4.1 Under the will, I have been left [describe what you were left, e.g., nothing, small amount, disproportionate share], while [other beneficiaries’ names] have received [describe their inheritance].
4.2 I believe this is unfair because:

• I was financially dependent on the deceased.

• I have significant financial needs (details below).

• The deceased had a moral duty to provide for me.

5. My Financial Circumstances

5.1 My current income is $[Amount] per [week/month/year], and my expenses total $[Amount] per [week/month/year].
5.2 I have [describe debts, loans, health issues, dependents, financial hardship, etc.].
5.3 Due to these circumstances, I believe I should receive a larger share of the estate to support myself adequately.

6. Conclusion and Relief Sought

6.1 I respectfully ask the Court to make an order adjusting the distribution of the estate to provide me with [state the additional amount or assets you seek].
6.2 I believe this adjustment is fair and reasonable given my needs and the moral obligation the deceased had towards me.

7. Sworn Statement

I solemnly and sincerely declare that the contents of this affidavit are true and correct to the best of my knowledge and belief.

Sworn/Affirmed at [City] on this [Date] before me:

_________________________
[Your Signature]
[Your Full Name]

Before me:
_________________________
[Justice of the Peace / Solicitor / Registrar]

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It is important to note that the evidence attached to the affidavit is critically important. Where possible if you assert something try and attach relevant evidence. For example if you say you have a certain amount of money in the bank, provide and reference your bank records.