An Affidavit of Kinship is a formal legal document used throughout Canadian jurisdictions when there is a need to establish and verify family relationships in estate matters. This document becomes necessary when administering an estate, particularly in cases where formal documentation of family relationships is required by courts, financial institutions, or government agencies. The affidavit must be sworn before a authorized official such as a notary public or commissioner of oaths, and typically includes detailed information about the deceased's family structure, including marriages, children, siblings, and parents. It serves as a crucial tool in probate proceedings and helps ensure that estate assets are distributed to the rightful heirs. The document must comply with both federal and provincial legislative requirements regarding sworn statements and estate administration.
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1. Declarant Information: Identifies the person making the affidavit, including full legal name, address, and relationship to the deceased
2. Deceased Person Information: Details about the deceased person, including full legal name, date and place of death, last known address
3. Basis of Knowledge: Explanation of how the declarant knows the information being provided and their relationship with the deceased
4. Marital History: Information about the deceased person's marriages, divorces, and surviving spouse if any
5. Children: List of all children of the deceased, including adopted children and deceased children, with their names, addresses, and dates of birth
6. Parents: Information about the deceased person's parents, including whether they are living or deceased
7. Siblings: List of all siblings of the deceased, including half-siblings and deceased siblings
8. Verification Statement: Formal statement confirming the truth of all information provided
9. Notarization Block: Space for notary or commissioner of oaths to witness and stamp the document
1. Grandchildren: Used when there are deceased children who have left surviving children, listing all grandchildren and their relationships
2. Previous Marriages: Required when the deceased had multiple marriages, providing details of previous spouses and marriage dissolutions
3. Indigenous Status: Required when the deceased was a Status Indian under the Indian Act, including band membership and registration details
4. Military Service: Include when the deceased was a veteran, as this may affect benefit claims
5. Estate Details: Optional section describing known assets when relevant to establishing inheritance rights
1. Schedule A - Birth Certificates: Copies of birth certificates supporting stated family relationships
2. Schedule B - Marriage Certificates: Copies of marriage certificates relevant to the stated relationships
3. Schedule C - Death Certificates: Copies of death certificates for deceased family members mentioned in the affidavit
4. Schedule D - Family Tree: Visual representation of the family relationships described in the affidavit
5. Schedule E - Supporting Documents: Additional documentation such as adoption papers, divorce decrees, or other relevant legal documents
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