Affidavit Of Domicile Template for Malaysia

An Affidavit of Domicile is a sworn statement that legally establishes your primary place of residence in Malaysia. This document serves as official proof that you consider Malaysia your permanent home and intend to remain here indefinitely. The affidavit must be executed under oath before a Commissioner for Oaths and comply with Malaysian legal requirements to be valid in courts and government proceedings.

When do you need this document?

You will need an Affidavit of Domicile when dealing with estate matters, particularly if you are administering a deceased person's assets or claiming inheritance rights. Immigration authorities may require this document to verify your residence status during visa applications or permanent residency proceedings. Financial institutions often request domicile affidavits for tax reporting purposes, especially when opening accounts or conducting international transactions. Courts may also require this document in legal proceedings where your residence status affects jurisdiction or the application of Malaysian law.

Key legal considerations

Your affidavit must include a clear declaration of your intended permanent residence and provide factual evidence supporting your domicile claim. Include details of your residency history, employment in Malaysia, property ownership, family connections, and other ties that demonstrate your intention to make Malaysia your permanent home. The document must be truthful and accurate, as false statements in a sworn affidavit constitute perjury under Malaysian law. You should attach supporting documents as schedules, including employment contracts, property deeds, utility bills, or tax records that corroborate your residence claims. The affidavit must be properly stamped according to the Stamp Act 1949 to be legally valid.

Legal requirements in Malaysia

Under the Oaths and Affirmations Act 1949, your affidavit must be sworn before a qualified Commissioner for Oaths, who will verify your identity and witness your oath. The document must follow the format requirements specified in the Rules of Court 2012, including proper headings, numbered paragraphs, and formal language. The Evidence Act 1950 governs the admissibility of your affidavit in legal proceedings, requiring it to be properly executed and relevant to the matter at hand. If your affidavit relates to immigration matters, it must also comply with requirements under the Immigration Act 1959/63, which defines residency and domicile concepts for immigration purposes. Ensure the document is stamped with the correct duty under the Stamp Act 1949 before submitting it to any court or government agency.