The Affidavit of Descent serves as a fundamental legal instrument in Canadian estate administration, used primarily when formal probate proceedings are not necessary or when dealing with intestate estates. This sworn statement documents the family history and succession rights of a deceased person's heirs, providing crucial information about family relationships, marriages, and descendants. The document is particularly important in provinces across Canada for establishing clear title to property and facilitating the transfer of assets to rightful heirs. An Affidavit of Descent must be executed before a qualified official such as a notary public or commissioner of oaths and typically requires supporting documentation such as death certificates, birth certificates, and marriage records to substantiate the claims made within the affidavit.
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1. Deponent Information: Identifies the person making the affidavit, including their full name, address, and relationship to the deceased
2. Deceased Information: Details about the deceased person, including full legal name, date and place of death, last known address, and marital status at time of death
3. Marriage History: Information about all marriages of the deceased, including dates, places, and termination of marriages if applicable
4. Children and Descendants: Lists all children of the deceased, including adopted children and deceased children with their own descendants
5. Parents and Siblings: Information about the deceased's parents and siblings, particularly important in cases where the deceased had no children
6. Property Information: Description of the relevant property or assets that are subject to inheritance
7. Verification Statement: Standard declaration of truth and accuracy of the stated facts
8. Notarization Block: Space for notary or commissioner of oaths to witness and stamp the document
1. Prior Will Statement: Statement regarding the existence or non-existence of a will, used when relevant to establishing intestate succession
2. Disclaimer of Interests: Section documenting any heirs who have formally renounced their inheritance rights
3. Additional Marriages: Detailed section for cases involving multiple marriages or common-law relationships
4. Minor Heirs: Special section addressing the interests of any heirs who are minors and their legal guardians
5. Indigenous Status: Section addressing Indigenous status and applicable inheritance rights under the Indian Act, if relevant
6. Foreign Jurisdiction: Additional information when deceased or heirs are subject to foreign jurisdiction laws
1. Schedule A - Death Certificate: Certified copy of the deceased's death certificate
2. Schedule B - Birth Certificates: Copies of birth certificates for relevant heirs proving relationship to deceased
3. Schedule C - Marriage Certificates: Copies of marriage certificates documenting marriages of the deceased
4. Schedule D - Family Tree: Visual representation of the family relationships described in the affidavit
5. Schedule E - Property Documents: Copies of property titles, deeds, or other relevant asset documentation
6. Schedule F - Supporting Affidavits: Additional affidavits from family members or others with knowledge of the family relationships
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