by A temporary law change allows affidavits for use in New Zealand courts to be sworn (or affirmed) by video or audio link, rather than in person.
Probate applications are a bit more complicated because they involve the original will.
The original will is an exhibit to the executor’s affidavit. It is not attached to the affidavit but must be shown to the executor when they swear the affidavit. It must also have an exhibit note which is completed by the person who administers the oath or affirmation – i.e. the JP or solicitor or court registrar who witnesses the affidavit.
JPs have currently suspended their services during Level 4. This suspension is expected to continue during Level 3. Law firms are also closed, with personnel working from home.
Under Level 3, if you do have access to a local JP, you may be able to drop off documents and collect them again from their letterbox or doorstep, and use a video call between you for the actual process of swearing or affirming the affidavit.
If that is possible, Kiwilaw can courier the documents to you as usual, with exhibit notes to attach to the original will and any other exhibits, and with amended instructions. In that case, you will not need to courier anything to Kiwilaw.
The following suggested process assumes that you cannot access a JP locally.
Suggested process for Kiwilaw clients (under Level 3)
- courier the original will to Kiwilaw – along with any other exhibits required for that particular application
- Kiwilaw will email the affidavit to you (without exhibits)
- you print the affidavit, ready to sign it
- you meet with Cheryl (Kiwilaw’s director/lawyer) by video call
- during that call, you swear/affirm the affidavit and sign it, and initial any pages that are not signed, and confirm that the exhibits are correct (using the video screen to view or show documents referred to)
- you then email a copy of the signed affidavit to Kiwilaw – photos or scan
- Cheryl will counter-sign the affidavit, plus the exhibits
- Kiwilaw will then courier all the documents to you that you need, including the affidavit and original will, with instructions for sending them to the High Court as usual
Reference material
Epidemic Preparedness (Oaths and Declarations Act 1957) Immediate Modification Order 2020
Ministry of Justice website – Information for people needing to complete oaths, affirmations or declarations during COVID-19
