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Affidavit checklist

Make it Legal™ Checklist

Here are a few important steps to take to finish your document

Read the document to make sure it meets your needs. Make sure that your Affidavit is accurate and truthful. It must also be made from your own knowledge. You are going to swear or affirm that this is the case.

Remember that if you have any questions you can easily Ask a lawyer.

The Affidavit is a special type of contract called a 'deed'. This means it must be signed in a special way.

  1. Print out the Affidavit.

    You must print a copy of your deed and sign it physically. Deeds can legally be signed using electronic signatures, but extra care must be taken when signing electronically to ensure that all of the formalities for the execution of the particular type of deed are met. This deed is, therefore, designed to be signed by hand (ie ‘wet-signed’) to ensure that it is executed correctly. You cannot sign online.
  2. You must sign the Affidavit in front of a solicitor or other person commissioned to receive oaths (eg a licensed conveyancer). While Rocket Lawyer does not provide stamping or witnessing services, most local law firms will provide such services for a fee.

  3. You will be asked to repeat a set phrase swearing or affirming that your Affidavit is truthful and accurate.

  4. The solicitor or other person will then sign and add their name, address and occupation directly underneath your signature. This confirms that you have sworn or affirmed that the Affidavit is correct.

  5. Complete the Affidavit by writing the date in the space provided at the top of the document if this has not already been completed by the solicitor or other person.

You must keep the original of the Affidavit in a safe place and make one copy for yourself.

So that the original can be kept safely stored, it is a good idea to certify the copies. This means that a copy is confirmed by a qualified person - usually a solicitor - as a true copy of the original document. The solicitor who swears your Affidavit for you might be able to help you with this. While Rocket Lawyer does not provide certification services, they can be provided by most solicitors for a fee.

Provide a certified copy of your Affidavit to those who need a copy.

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