An Affidavit of Domicile is a crucial legal document used in Malaysian jurisdiction when formal proof of residence is required. This sworn statement is commonly needed for various purposes, including estate administration, tax matters, financial transactions, immigration proceedings, or legal cases where establishing domicile is essential. The document requires the deponent to declare their primary residence and intention to maintain it in Malaysia, supported by factual evidence such as employment history, property ownership, or family ties. The affidavit must comply with Malaysian legal requirements, including proper execution before a Commissioner for Oaths and adherence to the Oaths and Affirmations Act 1949. Supporting documents are typically attached as schedules to provide evidence of the claims made in the affidavit.
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1. Title and Heading: Formal title 'Affidavit of Domicile' with court details if applicable
2. Deponent Information: Full name, NRIC/passport number, occupation, and current address of the person making the affidavit
3. Oath Statement: Standard declaration that the deponent is making statements under oath
4. Domicile Declaration: Clear statement of claimed domicile location and duration
5. Residency History: Chronological account of places of residence, including dates and addresses
6. Intent Declaration: Statement of intention to maintain domicile in Malaysia permanently
7. Supporting Facts: Evidence of domicile such as employment, property ownership, family ties
8. Verification: Statement verifying all information is true and correct
9. Execution Block: Space for deponent's signature, date, and Commissioner for Oaths attestation
1. Multiple Citizenship Status: Required if deponent holds multiple citizenships or has renounced previous citizenships
2. Business Interests: Include when business ownership or directorships support domicile claim
3. Family Status: Details of family members' residency when relevant to establishing domicile
4. Tax Residency: Information about tax status and filing history if relevant to proving domicile
5. Previous Legal Proceedings: Required if there have been prior legal determinations regarding domicile
1. Identity Documents: Copies of NRIC, passport, or other official identification
2. Residence Proof: Utility bills, tenancy agreements, or property ownership documents
3. Employment Records: Employment contracts, business registration documents if applicable
4. Immigration Records: Visa stamps, immigration permits, or permanent resident documentation
5. Tax Documents: Recent tax returns or tax residency certificates if relevant
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