An affidavit is just a fancy term given to a factual statement that is given under the oath and is formidable by the law. They are often required by the court or law enforcement personnels. If an individual provide incorrect information in their affidavit then criminal charges shall be placed against that individual and its affiant. If you don’t know what an affiant is then it is basically a person that act as a witness of all the facts provided in an affidavit. Now, you might be wondering that why should an affiant face charges when they haven’t done anything. Well, let’s put it that way, there’s a person who committed a crime and there was an eye witness that saw the whole event but when asked, the witness said that he/she didn’t confessed and once the court found out that the witness was lying about the incident then that individual will have to face legal consequences.
There are many different names for an affidavit and some of them are: Testimony, Sworn Statement, Oath, Affirmation, and Notarized Statement. Normally, an affidavit is often used by an individual who wants to submit proof in a court or validate his/her information.
Why You Should Get An Affidavit?
Affidavits are important to check the authenticity of the statement given by an individual. Below, you see some scenarios in which an affidavit might be useful:
- Registering someone’s passing away in order to get property or will left by the deceased person.
- Mentioning your residential address.
- Authenticating your identity.
- Mentioning your financial materials like assets, business, etc.
- Notify the authorities if your personal information has been compromised.
How To Draft an Affidavit?
Drafting an affidavit isn’t as difficult as it sounds but you should always follow the guidelines to draft a perfect affidavit. Below is given some information that might be useful when drafting an affidavit:
- The first thing you need to do is specify your identity, address, and your signature.
- Supporting documents that can act as a proof.
- Court details, where the affidavit shall be submitted.
- Signature of an affiant or in simple words, a witness.
Who Is Eligible To Sign An Affidavit?
The person that signs on an affidavit is usually known as an affiant. In order to qualify as an affiant, a person should be healthy, mentally stable, and should be above 18 years of age. Normally, age doesn’t matter in an affidavit but in some scenarios it plays an important. It is also required that the affiant shall be hold responsible in case of any false information presented in the affidavit.
Another common question asked by many people is whether they are able to attach or send documents along with their affidavits and the simple answer to that question is yes, you can send documents with your affidavit document. Only attach the documents that can bring more value and help bring more authenticity to the facts presented in an affidavit. Do not forget to properly label them according to their name like exhibit A, exhibit B, and so on.
What Are The Types of Affidavit?
There are bunch of different types of affidavits out there and they are all useful for their own purposes. Below, you can see a list of just a few important types of affidavit:
It is the type of affidavit that allows you to take care of small estate related problems of a deceased person that left without leaving a will behind.
Affidavit of Death
This type of affidavit lets you register for someone’s death. It is only acceptable if you haven’t signed up for a death certificate.
Affidavit of Loss
It is the type of affidavit that lets you report for lost documents like passport, ID, driving license, etc.
It is the type of affidavit that allows you to verify your residential location.
This affidavit lets you change or replace your name legally. It can be very useful in scenarios like a marriage or divorce.
This is the type of affidavit that enables you to allocate the assets or properties left by a deceased individual among the rightful heirs.
The financial affidavit is used by the court to decide about which parent should be held responsible for child support or it can also be used for the allocation of assets in a divorce.
This type of affidavit is used to verify that you’ve a financially stable individual that will support you when you immigrate.
It is the type of affidavit that is used when a couple calls off their marriage and wants to file for a divorce.
This type of affidavit lets an individual to authenticate their marital situation. It is useful when you are applying for a health insurance, passport, visa, and many other things.