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What’s the Difference Between a Statutory Declaration and an Affidavit and When Are They Commonly Used?

a gavel and affidavit spelled out in letters on a book

What’s the Difference Between a Statutory Declaration and an Affidavit and When Are They Commonly Used?

Posted by Flavia Zancope in Uncategorized 08 Apr 2020

Statutory Declarations and Affidavits are not the same thing, although they are sometimes
referred to interchangeably. While they are similar, they have different uses.

Both statutory declarations and affidavits must be completed and signed following a series of
procedures prescribed by law. A notary public can prepare and help you execute both types of
documents.

We’re going to explain the differences here in our blog. Everything below refers to the uses of
statutory declarations and affidavits in British Columbia.

Statutory Declaration

A statutory declaration is a formal document that is a sworn statement of fact. It must be signed
and sworn to in front of someone who is allowed to execute it, such as a Notary Public.

Statutory declarations are typically used outside of the courtroom. They may be used, for
example, in an insurance claim, a formal declaration you may need to provide, or to be used inside
or outside of the province altogether.

Affidavit

An affidavit is also a formal document that is a sworn statement of fact. The person making the
affidavit (or swearing to something) takes a formal oath that what he or she is saying is true.

Affidavits are typically used within British Columbia in court proceedings, within civil litigation
and in trusts and estates, for example. Affidavits commonly have other documents attached to
them as evidence of what is being sworn to.

In both statutory declarations and affidavits, the person making the statement is called the
“declarant”. Both documents are legally binding.

Do you need some help with preparation or execution of a statutory declaration or an affidavit?
This is something we do all the time. Don’t hesitate to contact us, and we can help you.

Real Estate Legal Services in BC

At Zancope Notary Public, we offer real estate services for clients in Langley and throughout
Greater Vancouver and the Fraser Valley. We can help you with buying, selling, and refinancing
real estate, and also provide family property transfers and independent legal advice. We are a
full-service firm that is well acquainted with real estate law.

If you have any questions about this article or sworn statements, in general, or if you want to
make an appointment with Zancope Notary Public, please contact us at (604) 260-6783.