The Affidavit of One and the Same Person is a critical legal instrument within Malta's legal system, designed to address situations where an individual needs to formally establish that multiple variations of their name refer to the same person. This document becomes necessary in various scenarios, such as when dealing with inheritance matters, property transactions, or official records where name inconsistencies exist. The affidavit must comply with Malta's Commissioners for Oaths Act (Chapter 79) and related legislation, requiring proper execution before authorized officials. It typically contains personal identification details, explains the reasons for name variations (such as marriage, clerical errors, or cultural differences), and includes supporting documentation. This type of affidavit is particularly important in Malta's multicultural context, where names may appear differently across various official documents or jurisdictions.
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1. Title and Introduction: Formal title of the document and introduction stating this is an affidavit, including the declarant's current legal name and address
2. Declarant Information: Detailed information about the declarant including current legal name, address, ID card number, and other official identification details
3. Oath Declaration: Standard sworn statement indicating that the declarant is making the statement under oath
4. Name Variations Statement: Clear listing of all variations of the person's name that have been used
5. Explanation of Variations: Detailed explanation of why and how different name variations came to exist (e.g., marriage, error in documents, cultural variations)
6. Supporting Facts: Statement of facts supporting that all names refer to the same person
7. Purpose Declaration: Statement of the purpose for which the affidavit is being made
8. Attestation: Formal closing statement affirming all declarations are true and correct
9. Signature Block: Space for declarant's signature, date, and commissioner for oaths' details and signature
1. Previous Legal Proceedings: Section detailing any previous legal proceedings where different name variations were used, if applicable
2. Third Party Declarations: Statements from family members or other parties confirming the person's identity, if additional verification is required
3. Foreign Language Names: Section explaining translations or transliterations of names if variations exist in different languages
4. Professional/Business Usage: Section detailing how different name variations have been used in professional or business contexts, if relevant
5. Religious/Cultural Name Changes: Section explaining any name variations due to religious or cultural practices, if applicable
1. Schedule A - Identity Documents: Copies of all relevant identity documents showing different name variations (passport, ID card, birth certificate, etc.)
2. Schedule B - Supporting Documents: Copies of documents that demonstrate the use of different name variations (marriage certificate, deed poll, etc.)
3. Schedule C - Document List: Comprehensive list of all official documents where different name variations appear
4. Appendix 1 - Witness Statements: If applicable, sworn statements from witnesses confirming the person's identity across different name variations
5. Appendix 2 - Official Correspondence: If relevant, copies of official correspondence or documents showing the use of different name variations
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