An agreement is said to be valid when both parties have signed the contract. And in order to prove that such signing of agreements or contracts has taken place, you can make use of an affidavit, or a witness must be present.
A witness is needed most commonly when there are signing of special documents, property transfers and/or business transactions. But the work of a witness is not just to stare while both parties are signing the documents. He or she is required to make a signed affidavit of execution.
Due Affidavit Form
Execution of Will Affidavit
What is an Affidavit of Execution?
An affidavit of execution is a statement made by a witness. This affidavit is a sworn statement which clearly states that the said witness was personally present when the signing of a document is made. The document of which a signature is needed from both parties could be an agreement, a contract or any special document.
The affidavit of execution should be signed by the witness (which is termed as an affiant in this case) in the presence of the commissioner of oaths or notary public in order to make the affidavit of execution legal.
An affidavit of execution is just one of the several types of affidavit forms. Another type is an affidavit of support form which is used in order to document that a person swears that he or she is supporting another person. The can also be used as an evidence that the attached documents that are relevant and needed for support are relevant and true.
Filling Out an Affidavit of Execution Form
The affidavit of execution is written in an affidavit of execution form. The form contains the information that proves that the affiant is telling the truth. Such information that are essential in filling out the form are the following:
- the affiant states his/her name and his/her address
- the oath that proves that he/she was present and have witnessed the signing of documents
- the name of the person or people who had signed the document
- the exact date when both had signed the document
- the exact location where the signing of the document has taken place
- the affiant’s signature and the date signed
- the notary public
Affidavit of Satisfaction Form
Defendant Affidavit Form
Self-Execution Waiver Affidavit
The Three Essential Elements of an Affidavit
A complete affidavit is mainly composed of three essential elements. The said elements are as follows:
- the attestation of the affiant that he or she has the full knowledge of when, where, and what has taken place (which is the document signing of both parties and that both are said to be at the legal age)
- the oath made in the presence of commissioner of oaths who are authorized to administer such affidavit or notary public (the oath is made by the affiant that the sworn statements are true with the best knowledge of his or her knowledge)
- the affiant’s signature affixed to the affidavit of execution form, which serves as an affirmation that he/she was present and his/her statements are true.
Found in this article are affidavit forms with different formats. Refer these to how affidavits are made, written and how to fill them up. You could also refer to affidavit form templates for more references regarding he different types of affidavits.
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