Legal Question in Wills and Trusts in Washington

Affirming Affidavit

In a court of law, a person does not have to swear an oath, but is allowed to ''affirm'' as a substitute. What wording may be used in an affidavit to replace ''swearing an oath'' (or similar)? Or is an affidavit, by definition, no longer such without one's swearing the oath? If so, how does one sign a self-proving will, or any other similar document affirming the truth without resorting to the practice of swearing an oath?

Thank You,

Dale


Asked on 4/16/02, 10:20 pm

1 Answer from Attorneys

Charles Cruikshank Cruikshank Law Office-Since 1975

Re: Affirming Affidavit

A "Declaration Under Penalty of Perjury " in Washington is generally given the same legal impact as an affidavit, but real estate documents that are required to be signed under oath generally require an affidavit format instead of a declaration in order to be recorded. A Declaration requires the language that is substantially the same as "signed under penalty of perjury according to the laws of the State of Washington" together with the date and city of signing. Washington declarations may not be valid, even in Washington, if signed out of state. There are other exceptions too numerous to include here. The proper format and style of an oath of signature of a document all needs to be based on a particular context of what, when, and why a signature of a document needs to be sworn to or acknowledged.

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Answered on 4/17/02, 11:19 am


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