Affidavit Of Loss Form Template for England and Wales

An Affidavit Of Loss Form is a sworn legal declaration that you must make when you need to formally report the loss of important documents or items in England and Wales. This document serves as official evidence for institutions that require proof of loss before issuing replacements, processing insurance claims, or updating their records. The affidavit creates a legal record that protects both you and the receiving institution.

When do you need this document?

You will need an Affidavit Of Loss Form when reporting the loss of valuable items to banks, insurance companies, government agencies, or other institutions. Common situations include losing your passport, driving license, academic certificates, share certificates, or other official documents. Financial institutions typically require this affidavit before issuing replacement bank cards, checkbooks, or account statements. Insurance companies may request it when processing claims for lost jewelry, electronics, or other insured items. Government departments often require sworn declarations before replacing official documents like birth certificates or marriage certificates.

Key legal considerations

Your affidavit must contain accurate and complete information about the lost item, including detailed descriptions, serial numbers, and circumstances of the loss. You must swear under oath that all statements are true, making false declarations a criminal offense under the Perjury Act 1911. The document requires proper execution before authorized officials who can administer oaths, such as Commissioners for Oaths, Notary Publics, or solicitors. You should include your full legal name, current address, and occupation, along with a comprehensive account of when, where, and how the loss occurred. The affidavit should clearly state that you have made reasonable efforts to locate the missing item and that it has not been pledged, sold, or transferred to another party.

Legal requirements in England and Wales

Under the Statutory Declarations Act 1835, your affidavit must be properly sworn and witnessed by authorized officials. The Commissioners for Oaths Act 1889 defines who can administer the oath, typically including solicitors, Notary Publics, and appointed Commissioners for Oaths. Your declaration must comply with Civil Procedure Rules Part 32 when used as evidence in legal proceedings. The document should follow the prescribed format requirements and include the proper jurat clause confirming it was sworn before the authorized official. You must sign the affidavit in the presence of the witnessing official, who will also sign and affix their official seal or stamp. The completed affidavit becomes a public document that can be used as evidence in civil proceedings under the Civil Evidence Act 1995.