Affidavit Of Discrepancy for Ireland

Affidavit Of Discrepancy Template for Ireland

An Affidavit of Discrepancy is a formal legal document used in Ireland to officially declare and correct inconsistencies or errors in official documents, records, or legal papers. The document must be sworn before a Commissioner for Oaths or Notary Public under Irish law and serves as a legally binding statement explaining the nature of the discrepancy, providing evidence of the correct information, and requesting official recognition of the correction. It follows specific formatting requirements under Irish legal standards and must comply with the Statutory Declarations Act 1938 and related legislation.

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What is a Affidavit Of Discrepancy?

An Affidavit of Discrepancy is utilized in Irish legal practice when there is a need to formally correct errors, inconsistencies, or variations in official documents or records. This sworn statement is particularly important when dealing with discrepancies in names, dates, or other crucial information that appears on official documents such as birth certificates, marriage licenses, property deeds, or other legal papers. The affidavit must be executed in compliance with Irish law, specifically the Statutory Declarations Act 1938 and the Civil Law (Miscellaneous Provisions) Act 2008. It requires the deponent to provide detailed explanations of the discrepancy, supporting evidence, and must be properly witnessed by a Commissioner for Oaths or Notary Public. The document serves as an official record explaining why differences exist in documentation and provides a legal basis for recognizing the correct information.

What sections should be included in a Affidavit Of Discrepancy?

1. Title and Introduction: Formal title of the document and jurisdiction declaration (IN THE MATTER OF [relevant matter] and identification of the deponent

2. Personal Details: Full legal name, address, and occupation of the person making the affidavit (deponent)

3. Oath Declaration: Standard declaration that the deponent is making the statement under oath

4. Document Identification: Clear identification of the document(s) containing the discrepancy, including reference numbers, dates, and issuing authorities

5. Description of Discrepancy: Detailed explanation of the exact nature of the discrepancy, including what appears on the document versus what is correct

6. Explanation of Truth: Statement explaining the correct information and why/how the discrepancy occurred

7. Supporting Facts: Additional facts and circumstances that support the claimed correction

8. Request for Recognition: Formal request for the recognition and recording of the correct information

9. Declaration of Truth: Final sworn statement affirming that all statements made are true and correct

10. Execution Block: Space for signature, date, and notary/commissioner for oaths attestation

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

1. Previous Correction Attempts: Section describing any previous attempts to correct the discrepancy, used when prior efforts have been made

2. Third Party Verifications: Additional sworn statements from witnesses or other parties who can verify the correct information, used when external verification is available

3. Legal Authority: Section citing specific legal provisions or precedents, used when the correction requires specific legal basis

4. Impact Statement: Description of how the discrepancy has affected the deponent, used when demonstrating hardship or urgency is relevant

5. Foreign Language Declaration: Required when the discrepancy involves documents in languages other than English or Irish

What schedules should be included in a Affidavit Of Discrepancy?

1. Schedule A - Original Documents: Copies of the original documents containing the discrepancy

2. Schedule B - Supporting Documents: Copies of documents that prove the correct information (birth certificates, passports, etc.)

3. Schedule C - Identity Verification: Copies of the deponent's identification documents

4. Appendix 1 - Additional Affidavits: Supporting affidavits from other parties, if applicable

5. Appendix 2 - Official Records: Relevant official records or correspondence related to the discrepancy

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

Ireland

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
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