The Affidavit of Surviving Spouse is a crucial legal document used in Canadian jurisdictions when a spouse passes away and the survivor needs to handle various legal and financial matters. This sworn statement is typically required when dealing with estate administration, claiming insurance benefits, transferring property titles, or accessing joint accounts. The document must be properly executed before a commissioner of oaths or notary public and includes essential information about both spouses, their marriage, and the death of the deceased spouse. It serves as official evidence of the marriage relationship and the surviving spouse's legal standing to make claims or handle matters related to the deceased's estate. The affidavit may be required by various institutions including courts, government agencies, financial institutions, and insurance companies.
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1. Title and Introduction: Identifies the document as an Affidavit of Surviving Spouse and the jurisdiction
2. Deponent Information: Full legal name, address, and occupation of the surviving spouse making the affidavit
3. Marriage Details: Information about the marriage, including date and place of marriage to the deceased spouse
4. Deceased Spouse Information: Full legal name of deceased spouse, date of death, place of death, and last address
5. Status Declaration: Declaration that the deponent was legally married to the deceased at time of death and was not divorced or separated
6. Death Circumstances: Brief statement about the circumstances of death and confirmation of death certificate
7. Legal Capacity: Statement confirming the deponent's legal capacity to make the affidavit
8. Oath/Affirmation: Formal declaration of truth of the statements
9. Signature Block: Space for deponent's signature and commissioner of oaths/notary public
1. Property Declaration: Used when the affidavit is specifically for claiming property rights or dealing with joint assets
2. Children Statement: Required when there are children from the marriage or when relevant to inheritance claims
3. Will Statement: Used to declare whether the deceased left a valid will or died intestate
4. Previous Marriages: Required if either spouse had previous marriages, to establish clear succession rights
5. Insurance Claims: Included when the affidavit is being used for insurance claim purposes
6. Debt Declaration: Statement regarding joint debts or liabilities, used when relevant to estate administration
1. Schedule A - Marriage Certificate: Certified copy of the marriage certificate
2. Schedule B - Death Certificate: Certified copy of the death certificate
3. Schedule C - Property Documents: Copies of property titles, deeds, or other relevant property documentation
4. Schedule D - Will: Copy of the deceased's last will and testament, if applicable
5. Schedule E - Government ID: Copies of government-issued identification for the surviving spouse
6. Schedule F - Supporting Declarations: Any additional sworn statements from witnesses or family members if required
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