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How to Obtain a Notary Affidavit

How to Obtain a Notary Affidavit

If you need to complete a notary affidavit, our notary in London can help you. An affidavit represents a document through which a person makes a statement that is testified as being true. As a general rule, the affidavit is a document that represents a sworn declaration of a person, and it can be used in numerous ways, but in most situations is a required document necessary in court proceedings, where the statements of a person will be verified or used as evidence for a legal case.

How to complete a notary affidavit in London

If you need a notary affidavit, you must first obtain a standard template for an affidavit. The British government has made available a standard form (Form N285: Affidavit template) which can be used by those who need to present various facts during court proceedings.

The affidavit form contains information on the claimant’s name, the defendant’s name, and information on the deponent (the person who will make the respective statements). The form must contain the number of the affidavit made by the deponent (a deponent can make more statements), but also the date at which the document is filed. Then, the document provides sufficient space where the deponent can provide information on the sworn declaration that he or she has to make with regard to a given case.

Please be aware of the fact that if the affidavit will be needed outside the UK, then the document must be done as a notary affidavit. Our notary in London can offer more information on when this document must be completed through the services of a notary, as it can be completed, in given circumstances, by other legal specialists.

We invite you to watch the video below on notary affidavit services in London:

When can a notary affidavit be requested by a deponent?

Those seeking notary services in London can obtain an affidavit in certain situations. One important aspect is to have full mental capacity, given the implications that the document can have within a legal case. In the case in which a person who has witnessed a particular situation that must be presented as evidence within a trial has a certain lack of mental capacity, then the notary affidavit can be offered on the person’s behalf by another person, who has full mental capacity. However, this option is highly uncommon in practice.

As a general rule, the affidavit is a document that can be used in legal cases related to divorce proceedings, disputes regarding inheritance, legal matters related to ownership or property, or cases where one has to recover a debt. Situations concerning such cases that are held in foreign jurisdictions will need to be witnessed by a notary in London, as presented above.

If this is the case, the notary affidavit will be witnessed and signed and then it will gain legal capacity. In certain situations, the document may need to be legalized by the Foreign and Commonwealth Office and if this applies, the notary public in London can make the necessary arrangements for this procedure.

What is the fee for a notary affidavit in UK?

Compared to other notary services in London, the notary affidavit has very low fees. The costs associated with witnessing an affidavit can vary depending on the notary one wants to work with, but as a general rule, all notaries will require very small fees, as follows:

  • for each sample of the same notary affidavit required by the client, the notary will charge GBP 2;
  • if the document needs to be certified by the Commissioner of Oaths, then the fixed fee will be of GBP 10;
  • the witnessing of an affidavit done by a notary in London can cost GBP 5;
  • documents related to wills signed and notarized by a notary in London can be charged with GBP 75 – GBP 1,200;
  • other fees for notary services in London are much higher, for instance, signing a power of attorney can be charged with GBP 160 – GBP 240. In addition to the London notary, if you want to know the fee structure of our notary in Canary Wharf, please get in touch with our members. They can guide you on how costs vary depending on the nature of the work. Everybody eventually requires a notary, and businesses and financial institutions use them regularly. So, you should have readily contact with a certified notary. Get in touch with our notary members for fast and customized services.

Important things to know when signing a notary affidavit in London

A notary affidavit in London can also be referred to as a sworn statement, sworn affidavit, statement under oath or notarized statement. All these names refer to the same type of document, through which a person will testify specific facts and will also add various documents that can be used as proof.

In the UK, a person can prepare a notary affidavit with or without the assistance of lawyers or of our notary public in London, as it is not necessary to receive legal representation when completing the form.

However, the document will need to be signed and witnessed by the commissioner of oaths, as the statement that you will make will have the value of a true statement and when you will present your facts during the trial, the court will consider that you have expressed certain facts in accordance with the reality and that you have not lied.

If the document does not have the valid signature of a commissioner of oaths, the person who will testify will not be able to use the affidavit, as it will become invalid in accordance with UK regulations. If you need to prepare an affidavit, our notary in London can present information on how to write this document. Below, we will present some facts you should consider:

  • write only information that you know to be true, in accordance with the events you have experienced;
  • provided that you do not respect this rule and the court will learn that the events described in the document were false and that you knew they were false, you can actually receive a fine or other punishment, in accordance with the provisions of the law;
  • in an affidavit, you do not include your personal opinions, nor will you make your personal opinions to pass as facts;
  • the timeline of the events is also important – you must always present the facts in the chronological order that you have personally experienced or know to be true;
  • it is recommended to write a paragraph for each chronological fact of your testimony;
  • you must also be concise when presenting your facts.

How is an affidavit executed?

It is good to note that the execution of an affidavit in UK is very important. Here is important information in this regard:

  • An affidavit contains a segment named jurat. This is a clause that shows when, where, and before whom the real oath is sworn.
  • It is important to decide the person in charge of the administration of the oath. For instance, if submitted in a court in UK, any person can be authorized to administer it (solicitors, judicial officers, notaries, etc.).
  • A sworn affidavit engages swearing on a religious book to prove that the content is accurate. In this case, it is advisable to ask the person overseeing the oath to confirm they have the correct book available, depending on the religion.
  • In case of affirmation of the affidavit, the document will have the same legal status as swearing an oath. Such affirmation is verbal, and a solemn declaration in place of the oath. One should decide first on the legal specialist so that the correct procedure is established before the signing of such a document.
  • When attending the appointment for the execution of the affidavit, the person in question must bring the identification document, such as a passport or ID, proof of domicile, and a utility bill.
  • The person administering the oath or the affirmation must verify the identification documents, and also approve that the affidavit relates to the wishes of the individual interested in the affidavit.

We suggest you discuss further details about the execution of an affidavit in UK with one of our experts. Contact our UK notary for professional services.

Other uses of notary affidavit

An affidavit in UK can be used for varied purposes, but the most common relates to litigation cases taken before a court. Here are some examples:

  • Family law proceedings and divorce.
  • Debt cases if a statutory demand is made.
  • Inheritance disputes, and property ownership that must be established.
  • Cases in which consulates or embassies ask for a sworn affidavit in order to clear up detailed situations.
  • Even so, lately, affidavits have been replaced with witness declarations, as new Civil Procedure Rules came into force recently. You might want to ask our specialists about the cases in which an affidavit is requested, and if other statements are more convenient.

Writing an affidavit in UK

During legal proceedings, persons might be solicited to provide an affidavit. As such, the court of law can offer concrete instructions on how to file such a document and the time in which must be prepared.
Please be aware of the fact that a false statement in an affidavit can be detected by the court. Persons found guilty of such false declarations can face serious consequences, including imprisonment.
As such, an affidavit must clearly state information about specific events, and then be verified before it is signed. Any possible errors must be changed immediately because you must swear an oath.

Perjury Act in the UK

Making false declarations, that you know to be false, in a document completed and signed by you, while being under oath can have major consequences from a legal point of view. This applies to the notary affidavit as well and this is why we strongly recommend address to our notary in London for in-depth advice on the facts that you should include in your declaration.

Currently, this particular aspect falls under the regulations of the Perjury Act 1911 which punishes persons accordingly. Please mind that perjury is considered a criminal offence and it is known as perverting the course of justice if you made a sworn declaration under oath that you know to be false, this being the first legal ground for which a person can receive a punishment.

The other is when you make the respective declaration with the intent of misleading the court. If one observes and can prove that your declaration is false, or contains parts which are false or there is inconsistency in your overall declaration, you can actually be charged with perjury.

Our notary services in London include not only legalizing and notarizing documents, they also include providing advice to our clients, which means that our team will help to understand why a document is necessary and what you should do with it after our notary has completed his or her tasks. We invite you to request more information on other legal situations when you may need an affidavit from our notary public in London. You can address our office for advice on how to legalize different documents and how to notarize papers that you may need in various situations.

Working with our UK notary in London

Do you need a notary affidavit in London? We advise you to contact our specialists and discover the services that interest you, at advantageous prices. Our experts can deal with specific documents to be translated, legalized, and notarized. You can always ask for our support in creating an affidavit, depending on the problems you are facing. It is very important to collaborate with an experienced team before any action in order to know the legislation and procedures involved.

Businessmen can also rely on our notary services in London. Those who intend to register a company in London can request assistance on how to draw and sign the articles of association of the legal entity and how to authenticate other necessary documents that may be needed by the local institutions. Contact us for complete information on our notary services in London.