Affidavit Of Entitlement for Malaysia

Affidavit Of Entitlement Template for Malaysia

An Affidavit of Entitlement under Malaysian law is a formal sworn statement that legally establishes a person's right to specific property, assets, or benefits. This document, which must be executed before a Commissioner for Oaths in Malaysia, provides detailed evidence of the deponent's claim and the basis for their entitlement. It is commonly used in probate matters, property transfers, and other situations where formal proof of entitlement is required under Malaysian jurisdiction. The document must comply with the requirements of the Malaysian Statutory Declarations Act 1960 and related legislation.

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What is a Affidavit Of Entitlement?

An Affidavit of Entitlement serves as a crucial legal document in Malaysian jurisdiction, primarily used to establish and verify a person's legal right to specific assets, property, or benefits. This sworn statement is particularly important in situations involving estate administration, property transfers, or claim settlements. The document must be properly executed before a Commissioner for Oaths and typically includes detailed information about the deponent's identity, the basis of their claim, and supporting evidence. When drafting an Affidavit of Entitlement, careful attention must be paid to Malaysian legal requirements, including compliance with the Statutory Declarations Act 1960 and relevant procedural rules. The document plays a vital role in protecting the interests of all parties involved and ensuring proper legal documentation of entitlement claims.

What sections should be included in a Affidavit Of Entitlement?

1. Title and Heading: Identifies the document as an Affidavit of Entitlement, includes the court details if applicable, and matter reference

2. Deponent Information: Full name, NRIC number, occupation and address of the person making the affidavit

3. Oath Statement: Standard declaration that the contents are true and made under oath

4. Relationship Statement: Details of the deponent's relationship to the deceased/property and basis of entitlement

5. Property Details: Specific description of the property or assets being claimed

6. Basis of Claim: Legal and factual basis for the claim of entitlement

7. Supporting Facts: Chronological or logical presentation of facts supporting the claim

8. Declaration of No Impediment: Statement that there are no legal impediments to the claim

9. Verification: Final verification statement and signature block

10. Attestation: Commissioner for Oaths' attestation and official seal

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

1. Other Beneficiaries: Section detailing other potential beneficiaries and their rights, used when there are multiple potential claimants

2. Contested Claims: Section addressing any known disputes or contested claims, used when there are competing claims

3. Witness Statements: Additional statements from witnesses supporting the claim, used when external verification is needed

4. Previous Proceedings: Details of any related legal proceedings, used when the matter has prior court history

5. Conditional Statements: Statements about conditions that must be met for the entitlement, used when claim is subject to conditions

What schedules should be included in a Affidavit Of Entitlement?

1. Exhibit A - Identity Documents: Certified copies of deponent's identification documents and relevant relationship proof

2. Exhibit B - Death Certificate: Certified copy of death certificate (if claim relates to deceased estate)

3. Exhibit C - Property Documents: Copies of property titles, ownership documents, or asset statements

4. Exhibit D - Will or Interstate Documents: Copy of will, letters of administration, or other succession documents

5. Exhibit E - Supporting Evidence: Additional documents supporting the claim (photographs, correspondence, receipts etc.)

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

Malaysia

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
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