Affidavit Of Inheritance for Canada

Affidavit Of Inheritance Template for Canada

An Affidavit of Inheritance is a formal sworn statement used in Canadian jurisdictions to establish a person's right to inherit property or assets from a deceased individual. The document must comply with both federal and provincial legal requirements, particularly those outlined in the Canada Evidence Act and relevant provincial succession laws. It serves as a legal declaration documenting the deponent's relationship to the deceased, the basis for their inheritance claim, and details about the assets being inherited. This document is particularly crucial in situations where formal probate may not be required or as supporting documentation in estate administration proceedings.

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What is a Affidavit Of Inheritance?

An Affidavit of Inheritance is typically required when an individual needs to formally establish their right to inherit property or assets from a deceased person in Canada. This sworn document is used across various Canadian provinces and territories, though specific requirements may vary by jurisdiction. The affidavit must be executed before a Commissioner of Oaths or Notary Public and includes detailed information about the deponent, the deceased, their relationship, and the assets in question. It is particularly useful in situations where simplified estate administration procedures are available or where additional documentation is needed to support inheritance claims. The document must conform to the formal requirements for affidavits under both federal and provincial legislation, including the Canada Evidence Act and provincial estate administration laws.

What sections should be included in a Affidavit Of Inheritance?

1. Title and Introduction: Identifies the document as an Affidavit of Inheritance and introduces the deponent with full legal name and address

2. Deponent Information: Details about the person making the affidavit, including their occupation and relationship to the deceased

3. Deceased Information: Full details about the deceased person, including their full name, last address, date of death, and place of death

4. Basis of Knowledge: Statement explaining how the deponent has personal knowledge of the facts stated in the affidavit

5. Details of Death: Information about whether the deceased left a will, details of probate if applicable, and the status of estate administration

6. Relationship and Right to Inherit: Clear statement of the deponent's relationship to the deceased and the legal basis for their right to inherit

7. Property Description: Detailed description of the property or assets being inherited

8. Declaration of Truth: Formal statement affirming that all information provided is true and correct

9. Execution Block: Space for signature, date, and commissioner of oaths' certification

What sections are optional to include in a Affidavit Of Inheritance?

1. Other Beneficiaries: Section listing other potential beneficiaries and their rights, used when there are multiple heirs

2. Waiver of Rights: Includes references to waivers from other potential heirs, used when other beneficiaries have relinquished their claims

3. Foreign Assets: Section dealing with assets located in other jurisdictions, used when the deceased owned property in multiple countries

4. Prior Marriages: Information about previous marriages of the deceased, used when relevant to inheritance rights

5. Trust Arrangements: Details of any trust arrangements affecting the inheritance, used when trust structures are involved

6. Tax Considerations: Statements regarding tax implications and compliance, used when significant tax issues are involved

What schedules should be included in a Affidavit Of Inheritance?

1. Schedule A - Death Certificate: Certified copy of the deceased's death certificate

2. Schedule B - Will: Copy of the last will and testament (if applicable)

3. Schedule C - Property Documents: Copies of property titles, deeds, or other ownership documents

4. Schedule D - Family Tree: Diagram showing relevant family relationships to support inheritance claim

5. Schedule E - Supporting Affidavits: Additional affidavits from other family members or witnesses supporting the claim

6. Schedule F - Probate Documents: Copies of probate documents or letters of administration if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Legal Services

Financial Services

Real Estate

Banking

Insurance

Wealth Management

Public Administration

Notarial Services

Estate Planning

Property Management

Relevant Teams

Legal

Estate Administration

Wealth Management

Property Administration

Document Processing

Client Services

Compliance

Real Estate

Trust Administration

Private Banking

Relevant Roles

Estate Lawyer

Probate Lawyer

Legal Assistant

Paralegal

Commissioner of Oaths

Notary Public

Estate Administrator

Trust Officer

Wealth Manager

Real Estate Lawyer

Bank Manager

Property Manager

Estate Planning Advisor

Financial Advisor

Legal Document Specialist

Industries
Teams

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