What Is an Affidavit?May 25, 2023
If you have ever been involved in a legal matter or a real estate transaction, you might have come across the term “affidavit.” But what is an affidavit? In this article, we will explore the concept of an affidavit in the context of British Columbia law and shed light on its importance and uses. At Sidhu & Associates, a notary public in Abbotsford, BC, we assist clients with a wide array of services. With our expert knowledge, we will help you understand the role of affidavits in legal matters.
What Is an Affidavit?
An affidavit is a written statement of facts, sworn or affirmed under oath, before a notary public, lawyer, or commissioner for taking affidavits in British Columbia. This sworn statement is considered legally binding, meaning it can be used as evidence in court or other legal proceedings. They are often used to provide information and establish the truth in various legal scenarios, such as family law cases, real estate transactions, or civil disputes.
The Key Components of an Affidavit
The deponent is the person who swears or affirms the affidavit. The deponent must be competent, meaning they understand the content of the affidavit and the significance of swearing or affirming the truth of the statement.
Sworn or Affirmed Statement
The deponent must affirm or swear that the facts in the affidavit are true. A sworn statement is made under oath.
Notary Public, Lawyer, or Commissioner
The affidavit must be signed in the presence of an authorized individual, such as a notary public, lawyer, or commissioner for taking affidavits in British Columbia. This person will verify the deponent’s identity, administer the oath or affirmation, and ensure the deponent understands the content and importance of the document.
The affidavit should contain a clear and concise account of the facts relevant to the legal matter. It should be written in the first person, using plain language, and organized in numbered paragraphs.
The jurat is a statement at the end of the affidavit indicating that the deponent has sworn or affirmed the document before the authorized individual. The jurat includes the date, place, and the authorized individual’s name and title.
Why Are Affidavits Important?
Affidavits play a crucial role in various legal proceedings because they provide a reliable way to present information and establish the truth. They are essential in situations where a person’s testimony is required but cannot be presented in person, such as during court proceedings or real estate transactions.
Read here about the types of documents that can be notarized.
Common Uses of Affidavits
- Real estate transactions—Affidavits may be used to declare property ownership, confirm the accuracy of a property description, or disclose potential issues with the property.
- Family law matters—In family law cases, affidavits can be used to provide information regarding child custody, financial support, or property division.
- Civil disputes—Affidavits can be utilized in civil cases to support a claim or defense, providing evidence of facts or circumstances related to the dispute.
Whatever you have to sign in the presence of the authorized representative, you can use Sidhu & Associates’ notary service in Abbotsford. Just call us at (604) 859-4825 to book a time slot.