What is an affidavit?
An affidavit is not difficult to prepare. The most critical aspect of preparing an affidavit is that your declaration be in point form. As a result, a typed affidavit is preferable.
An affidavit is written in the following format:
Fill in the blanks with “AFFIDAVIT.”
Include your name and contact information (i.e. ID number, gender, address, contact details, etc.).
Declare that you are making an oath declaration (e.g., “I, the undersigned, declare the following under oath”).
Make a numbered list of the facts.
Include a truth statement (e.g., “I affirm that the contents of this declaration are accurate and correct to the best of my knowledge”) and spell out the oath.
Make a signature block for the affiant and the Commissioner of Oaths (with “date” and “location”).
Where can I obtain an affidavit?
In South Africa, an affidavit must be signed in the presence of a Commissioner of Oaths (i.e. a notary), who will also sign the document.
A Commissioner of Oaths may not administer an oath or affirmation if he has an interest in the subject, according to section 10 of the Justices of the Peace and Commissioners of Oaths Act, 1963. In other words, the Commissioner of Oaths must be objective and uninfluenced by the subject matter of the affidavit.
A Commissioner of Oaths is not permitted by law to charge for delivering an oath.
Affidavit Formats
Affidavits are used for a wide range of purposes. Affidavits that are often used include:
A general affidavit is a sworn declaration that specific facts are true. Used in business transactions, personal matters, and judicial issues.
Affidavit of Estate: Confirms the value of a deceased person’s estate who died without a will.
Affidavit of Heirship: Attests to the identities of the beneficiaries of a person’s estate who died without leaving a will.
Affidavit of Residence: This document proves someone’s address.
Affidavit of Name Change: This document establishes that you have changed your name (mostly used when people get married or divorced).
Affidavit of Support: A document used in immigration processes to demonstrate that someone will financially support an immigration applicant.
Affidavit of Financial Assets: Used in divorce procedures to confirm the worth of the affiant’s assets. This information is required by the court in order to divide the assets and establish spousal and child support.
Affidavit of Death: Used to notify a third party of someone’s death when the Death Certificate is unavailable.
Identity Theft Affidavit: This document is used to alert creditors and credit bureaus that your identity has been stolen.
Affidavit of Service: Confirms that an individual got particular documents.
Bulk Transfer Affidavit: A document used in business to disclose creditor claims against a company, particularly in the event of bankruptcy.
Affidavit of Real Estate: This document is used in real estate transactions.
