What is an Affidavit?
An affidavit is a sworn written statement voluntarily made by a person called a deponent affirming something to be true and which is administered by a person legally authorized to do so. It is an official statement that contains a verification made under oath or affirmation with the understanding that if the statement is found to be untrue or misleading, the deponent could be on penalty of perjury. Affidavits are typically used in courts as evidence or proof. Affidavits are typically used in courts as evidence or proof. The general contents of an affidavit are contained in Section 90 of the Evidence Act.
What is an Affidavit of Loss?
An affidavit of loss is a legal statement declaring that a security or certificate or license or any original document has been lost, destroyed, mutilated or stolen.
How to Use an Affidavit of Loss
This document can be used in situations when you lose an important document such as a certificate of stocks and bonds, or more commonly your identity card to a fire, theft, flood or any other situation. Immediately you notice that any of the aforementioned items or your original documents has been misplaced or damaged, it is expedient that you file an affidavit of loss.
Filing an affidavit of loss is necessary in order to prevent someone else in possession of the original document i.e certificate of the stocks and bonds to lay claims to it as the original owner. You must present an affidavit of loss if you are going to be indemnified or have your certificate replaced by the security issuer.
The affidavit of loss should describe the security that has been lost with one or more documents evincing your ownership of the said security. It must give a detailed explanation of the circumstances that led to the loss as well as verify your identity as the owner.
You also need to file a police report in addition to the affidavit as supporting documentation. In order to make it legally binding, the affidavit must be sworn at a court before a commissioner for Oaths or be notarized by a notary public.
If ever any of your personal items or documents gets lost or stolen, you can save yourself the stress of finding where to procure an affidavit of loss by simply downloading a customizable template on Legalnaija.com