Affidavit Of Transferee Template for England and Wales

Generate a bespoke document

Trusted by 200k+ teams

4.7 Capterra
4.8 Product Hunt
4.6 Trustpilot

What is a Affidavit Of Transferee?

The Affidavit of Transferee is a crucial document in transfer transactions under English and Welsh law, providing formal verification of the recipient's identity and acceptance of the transfer. This sworn statement is commonly required in property transfers, asset acquisitions, and corporate transactions to establish a clear chain of ownership and prevent fraud. The affidavit typically includes detailed information about the transferee's identity, the assets being transferred, and any relevant conditions or obligations. It must be properly executed before an authorized official to be legally valid.

Reviewed by

Swetha Meenal

Legal Engineer, GenieAI

Swetha Meenal profile photo

A lawyer, legal researcher and legal tech founder, Swetha has built AI products deployed inside Tier 1 firms and enterprises. She ensures GenieAI's alignment with the latest regulation and executes testing on the legal robustness of Genie output.

Reviewed by

Imad Mohammed Nazar

Legal Engineer, GenieAI

Imad Mohammed Nazar profile photo

A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

Jurisdiction

England and Wales

Publisher

GenieAI

Category

Affidavit

Sector

Business

Cost

Free to use

Last updated

About the Affidavit Of Transferee

When you're involved in a property or asset transfer in England and Wales, you may need to complete an Affidavit Of Transferee. This sworn legal document serves as formal verification of your identity as the recipient and confirms your acceptance of the transfer under English law. The affidavit creates a legal record that protects all parties involved and ensures compliance with statutory requirements governing property transfers.

When do you need this document?

You'll typically need an Affidavit Of Transferee when acquiring property through inheritance, purchasing real estate where the seller cannot be present for completion, or receiving assets through corporate restructuring. This document is particularly important in complex property transactions involving multiple parties, overseas sellers, or when Land Registry requires additional verification of the transferee's identity. Estate transfers, business acquisitions involving property assets, and situations where the transferor has died or become incapacitated also commonly require this affidavit.

Key legal considerations

Your affidavit must include accurate personal details including your full legal name, current address, and occupation as the transferee. The document must clearly identify the specific assets being transferred, including property addresses, land registry numbers, or detailed descriptions of other assets. You must declare that you're legally entitled to receive the transfer and that you accept any conditions or obligations attached to the assets. The affidavit requires a statement of truth, meaning you swear that all information provided is accurate to the best of your knowledge, and making false statements constitutes perjury under English law.

Legal requirements in England and Wales

Under the Land Registration Act 2002 and Law of Property Act 1925, your Affidavit Of Transferee must be sworn before a Commissioner for Oaths, qualified solicitor, or other authorized official. The document must follow the format requirements set out in the Civil Procedure Rules Part 32, including proper jurat clauses and official seals or stamps. You must provide satisfactory evidence of your identity to the person administering the oath, typically through passport or driving licence. The Commissioners for Oaths Act 1889 governs the administration process, and the completed affidavit becomes admissible evidence in legal proceedings under the Civil Evidence Act 1995. Land Registry may require this document to complete registration of your interest in the transferred property.

GOVERNING LAW

Applicable law

This Affidavit Of Transferee is drafted to comply with England and Wales law. Key legislation includes:

Law of Property Act 1925: Primary legislation governing property law in England and Wales, essential for any property-related transfers

Land Registration Act 2002: Governs the registration of land in England and Wales and the procedures for transferring registered land

Commissioners for Oaths Act 1889: Regulates the administration and taking of oaths for affidavits in England and Wales

Statutory Declarations Act 1835: Provides the legal framework for making statutory declarations, which is relevant to the formal nature of affidavits

Civil Evidence Act 1995: Sets out the rules regarding admissibility of evidence in civil proceedings, including affidavit evidence

Civil Procedure Rules Part 32: Contains specific rules about evidence in civil proceedings, including the format and content requirements for affidavits

Companies Act 2006: Primary legislation governing company law in the UK, relevant if the transfer involves corporate entities

Company Directors Disqualification Act 1986: Relevant when transfers involve company directors or persons involved in company management

Financial Services and Markets Act 2000: Regulates financial services and markets in the UK, particularly relevant for share transfers

Financial Services Act 2012: Updates and amends financial services regulation, important for financial asset transfers

Stamp Act 1891: Historical legislation governing stamp duty, still relevant for certain types of document duty

Finance Act 2003: Contains provisions for Stamp Duty Land Tax (SDLT) which may be relevant for property transfers

Genie's Security Promise

Genie is the safest place to draft. Here's how we prioritise your privacy and security.

Your data is private:

We do not train on your data; Genie's AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it