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Affidavit Of Death for Malaysia

Affidavit Of Death Template for Malaysia

An Affidavit of Death is a legally binding sworn statement that formally declares and provides evidence of a person's death under Malaysian law. This document, executed before a Commissioner for Oaths, contains detailed information about the deceased person, the circumstances of their death, and the deponent's relationship to the deceased. It serves as a formal proof of death for various legal and administrative purposes, including estate administration, insurance claims, and financial matters. The document must comply with Malaysian legal requirements, particularly the Statutory Declarations Act 1960 and relevant provisions of the Evidence Act 1950.

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What is a Affidavit Of Death?

An Affidavit of Death is a crucial legal document in the Malaysian legal system, used when formal proof of death is required for various administrative and legal proceedings. This sworn statement is particularly important in situations where original death certificates may be unavailable or additional verification is needed. The document must be executed before a Commissioner for Oaths and typically includes detailed information about the deceased, the circumstances of death, and the deponent's relationship to the deceased. The Affidavit of Death serves multiple purposes, including facilitating estate administration, processing insurance claims, closing bank accounts, and transferring property. It must comply with Malaysian legal requirements and is often used in conjunction with other legal documents in probate proceedings or estate settlements.

What sections should be included in a Affidavit Of Death?

1. Title and Declaration: Formal heading stating this is an Affidavit of Death, including the case reference number if applicable, and the formal declaration statement

2. Deponent Information: Full details of the person making the affidavit, including name, IC number, address, and occupation

3. Relationship Statement: Declaration of the deponent's relationship to the deceased person

4. Deceased's Information: Full details of the deceased person including full name, last known address, IC number, and other identifying information

5. Death Details: Specific information about the death including date, time, place, and circumstances of death

6. Verification of Death: Statement confirming how the death was verified (e.g., presence at time of death, hospital notification, etc.)

7. Purpose Statement: Statement explaining the purpose for which the affidavit is being made

8. Truth Declaration: Formal statement affirming that the contents are true and accurate

9. Execution Block: Space for signature, date, and commissioner for oaths' attestation

What sections are optional to include in a Affidavit Of Death?

1. Last Will Statement: Statement regarding the existence or non-existence of a will, used when the affidavit is for probate purposes

2. Surviving Heirs: List of surviving family members and their relationships to the deceased, included when relevant for estate matters

3. Insurance Policy Details: Information about relevant insurance policies, used when the affidavit is for insurance claim purposes

4. Medical History: Brief relevant medical history of the deceased, included when cause of death is pertinent

5. Property Statement: Statement regarding the deceased's property or assets, included when relevant for estate administration

What schedules should be included in a Affidavit Of Death?

1. Death Certificate: Certified copy of the official death certificate

2. Identification Documents: Copies of deceased's and deponent's identification documents

3. Proof of Relationship: Documents proving relationship between deponent and deceased (e.g., marriage certificate, birth certificate)

4. Medical Records: Relevant medical records or hospital death notification, if applicable

5. Supporting Declarations: Any additional sworn statements from witnesses or relevant parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions




















Clauses















Relevant Industries

Legal Services

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Insurance

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Relevant Roles

Legal Officer

Estate Administrator

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