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Affidavit For Deceased Bank Account Template for Canada

An Affidavit for Deceased Bank Account is a legal document used in Canadian banking and estate administration that serves as a sworn statement regarding a deceased person's bank accounts. This document is required by Canadian financial institutions to process and release funds from a deceased person's account to their estate or rightful beneficiaries. The affidavit must comply with both federal banking regulations and provincial estate laws, and typically includes detailed information about the deceased, their accounts, and the authority of the person making the declaration. It forms a crucial part of the estate administration process in Canada and may be used in conjunction with or, in some cases, in lieu of formal probate proceedings.

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What is a Affidavit For Deceased Bank Account?

The Affidavit For Deceased Bank Account is a fundamental document in Canadian estate administration, designed to facilitate the transfer or closure of banking accounts following an account holder's death. This sworn statement is typically required by Canadian financial institutions when an executor, administrator, or next of kin needs to access or manage a deceased person's bank accounts. The document becomes necessary when a bank account holder passes away and their account needs to be properly managed or closed as part of the estate administration process. It includes crucial details such as the deceased's personal information, account details, the deponent's authority to act, and relevant supporting documentation. The affidavit must comply with both federal banking regulations and provincial estate laws, making it a key document in ensuring proper handling of the deceased's financial affairs while protecting the interests of all parties involved.

What sections should be included in a Affidavit For Deceased Bank Account?

1. Title and Introduction: Identifies the document as an affidavit and includes the deponent's full name, address, and occupation

2. Deponent Information: Detailed information about the person making the affidavit, including their relationship to the deceased

3. Deceased's Information: Full details of the deceased person, including full legal name, last address, date of death, and other identifying information

4. Account Details: Information about the relevant bank account(s), including account numbers, types, and branch information

5. Authority Declaration: Statement of the deponent's legal authority to make claims about the account (e.g., as executor, administrator, or next of kin)

6. Death Verification: Confirmation of the death and details about the death certificate or other proof of death

7. Request Details: Specific requests regarding the account (e.g., closure, transfer, information access)

8. Supporting Documents: List of documents attached to support the affidavit

9. Truth Declaration: Standard declaration that all statements made in the affidavit are true

10. Signature Block: Space for deponent's signature, commissioner of oaths details, and official stamp

What sections are optional to include in a Affidavit For Deceased Bank Account?

1. Multiple Account Declaration: Used when the deceased held multiple accounts at the institution

2. Joint Account Details: Required when the account(s) were held jointly with another person

3. Small Estate Declaration: Used when claiming funds under small estate provisions without formal probate

4. Beneficiary Information: Required when specific beneficiaries are named for the account

5. Indemnity Statement: Optional protection for the bank when releasing funds without formal probate

6. Foreign Jurisdiction Declaration: Required when the deceased was domiciled in another jurisdiction

What schedules should be included in a Affidavit For Deceased Bank Account?

1. Schedule A - Account Listing: Detailed list of all accounts held by the deceased at the institution

2. Schedule B - Document Index: List of all supporting documents attached to the affidavit

3. Schedule C - Beneficiary Details: If applicable, complete information about named beneficiaries

4. Appendix 1 - Certified Copy of Death Certificate: Authenticated copy of the death certificate

5. Appendix 2 - Letters of Administration/Probate: If applicable, copy of legal authority documentation

6. Appendix 3 - Identification Documents: Copies of required identification documents for the deponent

Authors

Alex Denne

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

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use

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