All The Basic Information You Need For The Execution Of An Affidavit
You probably needed an affidavit at least once before. You probably asked yourself about it and what it means. There are different kinds of affidavits and each one has its own purpose to serve. To have a quick background on what an affidavit is, and what it does.
This article provides an overview
By definition, an affidavit is a written statement about a narration of facts. It is made unique by the oath done before and/or after its due execution.
An affidavit is about stating facts that an individual is sure of, he can assert its veracity, and he can testify on such facts in court.
There are standard affidavits templates that you will see all over the internet such as a General Affidavit or an Affidavit of Support. There are also affidavits that do not follow general affidavits templates.
In order for an affidavit to be valid, the following requirements must concur:
- The affidavit must be made voluntarily – it must be done willingly and freely by the individual executing it. There must be no coercion.
- The individual signing the affidavit must be of sound mind – there must be no repudiation of his mental faculties as he will be asked to testify on the truth of the facts he stated.
- The individual who made the affidavit must also prove that he is over the age of majority.
Characteristics Of An Affidavit
There are many uses for an affidavit which is why there are many affidavits templates all over. The following are some of the characteristics of an affidavit:
- They are used in court. Most of the affidavits that are executed are used by lawyers in court. There are some cases where the individual who executed the affidavit would need to appear in court but for others, it is needed so you do not have to appear in court. This would save time and money on the part of the individual who testifies.
- There are also other entities that need affidavits. Most financial institutions such as banks, insurance companies, and a lot of other entities require an affidavit. The affidavit would and should show the financial status of the individual if they are asking for a loan or any other financial matters that require the credit check.
- They are also used in planning your estate and other family law issues. Affidavits are legal instruments that are valid and may be shown in court to prove a fact. This instrument is particularly to make sure that family matters do not get in the way of property matters and estates.
What If I Lied On The Affidavit?
If you lied on your affidavit, you would have to face a criminal charge of perjury. The term ‘perjury’ means that you lied under oath. As discussed above, an affidavit is done under oath which means that any claim that is untrue is actionable in court.
Get A Lawyer
The best thing that you can do when faced with an affidavit that is very specific is to obtain the assistance of a lawyer. You may use affidavits templates on basic legal needs and even bank requirements. If the need becomes too specific, you may need the assistance of a lawyer.