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The Affidavit Of Attesting Witness is a fundamental legal instrument in Canadian law, used to provide formal verification of document execution. It is required when the authenticity of a signature needs to be officially documented and verified, particularly for important legal documents such as wills, powers of attorney, land transfers, and other significant legal instruments. The affidavit must be sworn or affirmed before a commissioner for oaths or notary public and typically includes specific details about the signing event, the identity of the parties involved, and the circumstances under which the document was executed. This type of affidavit is recognized across all Canadian provinces and territories, though specific requirements may vary by jurisdiction. It serves as crucial evidence in legal proceedings and helps prevent fraud by providing a sworn account of document execution.

1. Title and Court Information: Identifies the document as an Affidavit of Attesting Witness and includes relevant court information if applicable

2. Deponent Information: Full legal name and address of the witness making the affidavit

3. Oath Statement: Standard declaration that the deponent is swearing/affirming under oath

4. Document Identification: Details of the document being attested to, including its type, date, and parties involved

5. Witnessing Statement: Specific details about witnessing the signature, including date, location, and circumstances

6. Signature Confirmation: Confirmation that the witness saw the document being signed by the relevant party

7. Mental Capacity Statement: Confirmation that the signing party appeared to be of sound mind and acting voluntarily

8. Jurat: Formal closing section stating where and when the affidavit was sworn/affirmed

9. Commissioner Information: Details and signature of the commissioner for oaths or notary public