Affidavit and Indemnity Agreement Template for England and Wales

An Affidavit and Indemnity Agreement combines two powerful legal tools into one document - a sworn statement of facts and a promise to protect against losses. The affidavit part lets you formally declare important information under oath, while the indemnity portion creates a legal shield for the other party by promising to cover any related damages or costs.

These agreements are common in UK property transactions, insurance claims, and corporate deals when something is missing or uncertain - like lost share certificates or unclear property rights. They help business move forward by giving everyone confidence: one side provides sworn facts and backs them with a promise to make things right if problems emerge later. English courts recognize them as binding legal commitments.

Use an Affidavit and Indemnity Agreement when you need to move forward with a transaction despite missing crucial documents or unclear information. Common scenarios include replacing lost share certificates, dealing with missing property deeds, or handling inheritance matters where original documents aren't available. Banks and property registrars in England often require these agreements before proceeding with transfers or updates.

The agreement becomes essential when time pressures make waiting for replacement documents impractical, or when original paperwork is permanently lost. It's particularly valuable in corporate restructuring, property sales, and estate settlements where delays could derail important deals. The combination of sworn statements and financial protection helps overcome legal obstacles while managing risks for all parties.

• Affidavit And Indemnification Agreement: Standard version used for general business transactions and corporate matters
• Owner Affidavit And Indemnity Agreement: Specifically designed for property transactions, addressing title issues and ownership claims
• Affidavit Of Lost Promissory Note And Indemnity Agreement: Used when dealing with missing financial instruments and debt obligations
• Affidavit Of Understanding And Indemnity And Hold Harmless Agreement: Enhanced version with broader protection clauses for complex risk scenarios

• Property Owners: Sign Affidavit and Indemnity Agreements when selling property with title issues or missing documents
• Banks and Financial Institutions: Request these agreements to protect themselves when processing transactions with incomplete documentation
• Corporate Secretaries: Draft and manage agreements for share transfers or company restructuring
• Solicitors: Prepare and review agreements, ensuring legal compliance and protecting client interests
• Insurance Companies: Use these agreements when settling claims with uncertain documentation
• Estate Administrators: Rely on these documents to manage inheritance matters with missing paperwork

• Identify the Situation: Document exactly what's missing or unclear, and why the Affidavit and Indemnity Agreement is needed
• Gather Facts: Collect all available evidence, documents, and supporting information about the matter
• Define Scope: Clearly outline what losses or damages the indemnity will cover
• Draft Statement: Write a clear, detailed affidavit using our platform's templates to ensure all legal requirements are met
• Review Details: Double-check names, dates, and facts for complete accuracy
• Arrange Witnessing: Schedule signing before a qualified witness or commissioner for oaths
• Secure Storage: Keep copies and supporting documents in a safe place

• Identity Declaration: Full names, addresses, and roles of all parties making statements and providing indemnity
• Statement of Facts: Clear, detailed description of the circumstances requiring the agreement
• Indemnity Clause: Specific protection promises, including scope of coverage and financial limits
• Duration Terms: How long the indemnity remains valid and any conditions for termination
• Sworn Declaration: Formal statement confirming truth of facts under oath
• Witness Details: Space for commissioner for oaths or notary public verification
• Governing Law: Explicit statement that English law applies
• Execution Block: Dated signature spaces for all parties and witnesses

An Affidavit and Indemnity Agreement combines sworn statements with protection promises, while a simple Affidavit only contains the sworn statement part. This distinction matters when dealing with uncertain situations that need both truth verification and risk protection.

• Legal Weight: Affidavits alone are sworn statements that courts accept as evidence, but they don't offer protection against future claims
• Risk Protection: The indemnity component adds financial protection for parties accepting the sworn statement's truth
• Typical Usage: Affidavits work for simple fact declarations, while Affidavit and Indemnity Agreements suit complex situations like property transfers with missing documents
• Enforcement: Both documents are legally binding, but the combined agreement provides more comprehensive legal remedies if issues arise