Affiant is a legal term in probate used to describe a responsible person who can take a vow or swear under an oath. The person also needs to be aware of all facts presented in all legal proceedings involving affidavits.
As an affiant, you must have a grounded knowledge of the details written in an affidavit. If the affiant, in any case, gives false information, they will be subjected to a penalty of perjury. Since it’s a legal document, an affidavit must be duly approved by a notary. That way, it can be effective.
There’s no specific age, gender, or race that an affiant should be off. However, they must be old enough to know the importance of having valid facts in an affidavit document.
In addition, a person isn’t stopped from filing or signing an affidavit, even if they’ve been convicted for a crime in the past. The only factor that stops them from going through the affidavit legal proceedings is incompetence or immaturity.
In this post, you will learn more about affiants and how they can be applied in society.
What is the Importance of Affinity?
Affiant is important because:
He or she can create an affidavit using their intellect around situations. As soon as a probate affiant signs a written statement, the document becomes legal. In a case where someone doesn’t have the chance to sign their affidavit, they can contact a legalized individual to help them sign it. An attorney can also serve as an affiant, depending on the situation on the ground.
How is Affiant Often Structured?
In some jurisdictions, the Affiant must swear that the statements in a document are true before going ahead to sign it.
A notary, public official, or an attorney will be present to witness the oath-taking as well as certify the signing. Before the signing takes place, the affiant must understand the affidavit’s full content. It’s also important that he/she knows the punishment for going against any of the oaths.
Anyone who signs a false statement on an affidavit during a probate court hearing may be charged with perjury will be made to face appropriate penalties. Because of that, a person who isn’t mentally fit shouldn’t be asked or allowed to sign an affidavit.
An affiant is different from a plaintiff. How? A plaintiff is an individual who files a legal action against another in court. The person can also be called a plaintiff if someone else filed the legal action in their place. An affiant, on the other hand, is one who witnessed an incident and has now been asked to make a statement and sign an affidavit.
Lifespan Of Affiant
Usually, after the affiant signs an affidavit, the document’s validity period should last for up to 12 months.
How is Affiant Used?
A person may be given an affidavit to sign, only if they witness a particular incident that leads to legal action. This is when an attorney or other authorized parties may request a formal statement of everything the witness saw.
In case you find yourself in situations like this, you need to ensure that all information provided in the affidavit isn’t just accurate and complete. An affiant is often advised to consult with their legal counsel before putting a signature on any document.
An affiliate can also be contacted when a party involved wants someone that will put them in a positive light in the eyes of the law.
Synonyms for Affiant
Some other ways to say the legal term, “affiant” are:
Frequently Asked Questions (FAQs) About Affiant
Q: Who can act as the affiant?
A: any individual who is legally certified can act as an affiant. There isn’t a specific age requirement, as long as they are mature enough to understand that the statement they are signing on is true and complete.
Q: Can I be my affiant?
A: As mentioned earlier, anyone can be an affiant. Generally, as long as you’re trying to file an affidavit, you are automatically an affiant. A notary public will have to ensure that the signature on the affidavit is valid. Also, the notary public will see to it that the affiant’s signature is not obtained through coercion.
Q: What is the cost of preparing an affidavit?
A: The cost of preparing an affidavit statement depends on the level of work involved in its preparation and completion. A standard affidavit can range between $100 to $500.« Back to Glossary Index