Affidavit of testamentary Scripts.

M

mitchelstown

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In a Will dispute and it is known that the defendant has possession of a copy of the opposing Will under dispute, and on their Affidavit of Testamentary Scripts they swear on Oath that they don't have any knowledge of the existence of such Will does this deliberate omission have any significance at a Court hearing or trial?

Do the Courts place any importance on such Affidavit or do they consider these as "time wasters"?

Thanks for any opinions.
 
Only an opinion, but I'd say that's down to the courts, rather than any black//white legal interpretation. It certainly would not help their case as they would be shown to be deceitful. You really need a barristers opinion on something like this, or maybe some legal precedent
 
Thank you so much homer911. I agree with searching for legal precedent on the Affidavit of Scripts and any ruling on such deliberate sworn omissions, but all of my readings only spell out the standard wording of the stated Scripts on Circuit Court documents with no reference to the penalty by the Courts when proved that perjury was committed on such script Affidavit. Again. Thank you.
 
Thank you homer911: Another query, if you have a valued opinion? When Civil Bill and Verifying affidavit are both lodged with Circuit court is it the Judge or Court register or another party who read over this? Regards
 
mitchelstown said:
Thank you homer911: Another query, if you have a valued opinion? When Civil Bill and Verifying affidavit are both lodged with Circuit court is it the Judge or Court register or another party who read over this? Regards
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The Judge will see all these documents (pleadings) at the hearing of the action or at any pre-hearing application (called a “Motion”).

In certain circumstances the County Registrar may also consider them in the context of any preliminary application or Motion.

The opposing sides will be served with these and will read these documents.
 
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