Affidavits Flashcards
What is an affidavit?
A formal written statement of fact signed under oath.
What is a jurat?
Goes at the end of an affidavit - an authenticating statement confirming the oath and signature.
What is the use of an affidavit?
It can be used as legal evidence if it meets formal requirements.
What are the requirements of the jurat/authentication statement?
Signed and dated by all parties, completed and signed by independent solicitor or commissioner for oaths, must appear immediately after the text.
What must be included in the oath signatory’s details?
Name, address, and qualification.
When is an affidavit needed?
When there is a valid will, but something about it is uncertain.
Affidavits are typically needed in relation to?
Compliance with formalities, date, knowledge and approval, physical condition of will.
What is an affidavit of due execution?
Made by a witness confirming the will was executed properly.
What is an affidavit of knowledge and approval?
Made by a witness confirming the testator understood and approved the will.
What is an affidavit of due date execution?
Used if will is returned undated—witness confirms the date of execution.
What is an affidavit as to alterations?
Witness confirms if alterations were made before or after execution.
What is an affidavit of search?
Confirms what enquiries were made if an additional document was expected with the will.
What affidavits are needed for a copy of will to be submitted over original?
Evidence will existed, confirmation of execution, and accuracy of copy.
What is the alternative to affidavits post-November 2020?
Witness statement supported by a Statement of Truth.
