Affidavit Of Disinterested Person Template for Malaysia

An Affidavit of Disinterested Person is a crucial legal document in Malaysia that allows courts and other parties to rely on objective testimony from someone who has no personal, financial, or other interest in the matter. You need this sworn statement when independent verification of facts is essential to your case or legal proceeding.

When do you need this document?

You'll require an Affidavit of Disinterested Person in various situations where unbiased testimony is critical. Property transactions often need this document when neighbours or witnesses can confirm boundary disputes or property conditions without having any stake in the sale. Insurance claims frequently rely on these affidavits when independent witnesses observed accidents or damages. In corporate matters, you might need a disinterested person to confirm board meeting proceedings or document authenticity. Estate matters also commonly use these affidavits when neutral parties can verify the deceased's actions or statements. Court proceedings may specifically request this type of affidavit to establish facts through impartial witnesses.

Key legal considerations

The most critical requirement is that you must genuinely have no interest in the matter's outcome. Any financial stake, family relationship, business connection, or personal benefit would disqualify you from being a disinterested person. Your affidavit must contain specific factual statements rather than opinions or conclusions. You need to explain clearly how you gained knowledge of the facts you're attesting to, whether through direct observation, professional involvement, or other means. The document must include your complete personal details including NRIC number, occupation, and address. False statements in your affidavit constitute perjury under the Penal Code and carry serious criminal penalties. You should attach any supporting documents or exhibits that corroborate your statements.

Legal requirements in Malaysia

Your Affidavit of Disinterested Person must comply with the Statutory Declarations Act 1960 and be executed before a Commissioner for Oaths as defined in the Commissioners for Oaths Act 1959. The document format must follow the Rules of Court 2012 specifications, including proper heading, venue details, and signature requirements. You must swear or affirm the truth of your statements in the presence of the Commissioner, who will then authenticate your signature and seal the document. The Evidence Act 1950 governs how courts will treat your affidavit as evidence, so accuracy and completeness are essential. You may need to appear in court to verify your affidavit if challenged, so ensure all statements are truthful and can be substantiated. The affidavit must be in English or Bahasa Malaysia, with certified translations required for any foreign language exhibits.