Affidavits and declarations are essential documents often used to affirm the truthfulness of statements. While they share similarities, understanding their distinct characteristics is crucial for anyone involved in legal proceedings. At Sidhu & Associates, we understand that both affidavits and declarations serve vital roles in legal processes, yet they carry distinct meanings and implications.
When should you use a notary public?
Understanding Affidavits
Affidavits are formal written statements made under oath, where the affiant—the individual providing the affidavit—swears to the truthfulness of the information contained within the document. This sworn statement must be executed in front of a notary public or another authorized official, ensuring the affidavit’s authenticity and legal standing. Affidavits are commonly utilized in various legal contexts, such as court proceedings, real estate transactions, and estate planning, to establish facts or support claims. For instance, they may be required when submitting documents to public registries in British Columbia, or in cases where sworn testimony is necessary to validate claims. The rigorous requirements for affidavits, including the need for notarization, underscore their importance as credible pieces of evidence in non-contentious legal matters.
Learn all about the role of a notary public in the legal system.
Exploring Declarations
Declarations, on the other hand, are written statements that assert the truth of the information provided without requiring the signer to take an oath; however, statutory declarations do need to be formally signed in front of a notary. This makes declarations a more flexible and less formal option compared to affidavits. They are frequently used in situations such as healthcare decisions, insurance loss claims, or other administrative purposes where a straightforward assertion is sufficient. While declarations lack the same legal weight as affidavits due to the absence of sworn testimony, they are still significant documents and can be essential for various statutory requirements. For example, statutory declarations may be used to confirm identity, residency, or certain personal circumstances in specific contexts. Despite their less formal nature, declarations play a vital role in facilitating legal and administrative processes where a simple affirmation of truth is needed.
If you would like to learn more about our notary services, please reach out to us today by completing our online contact form or by giving us a call at 604-859-4825.
