An Affidavit For Deceased Bank Account is a crucial legal document required by Malaysian banks and authorities when handling the bank accounts of deceased individuals. This document is necessary when family members or authorized representatives need to access, manage, or distribute the deceased's banking assets. It must be prepared in accordance with Malaysian banking regulations, the Probate and Administration Act 1959, and where applicable, Islamic law. The affidavit contains sworn statements about the deceased's identity, the deponent's relationship to the deceased, details of the relevant bank accounts, and the legal basis for making the claim. It serves as a protective measure for banks while ensuring proper distribution of assets to rightful beneficiaries.
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1. Title and Jurisdiction: States that this is an affidavit and specifies the relevant court jurisdiction
2. Deponent Details: Full identification and contact details of the person making the affidavit
3. Deceased's Details: Complete information about the deceased person including full name, ID number, last address, and date of death
4. Relationship Declaration: Statement of the deponent's relationship to the deceased and basis for making the claim
5. Bank Account Details: Specific details of all relevant bank accounts including account numbers, types, and branches
6. Death Verification: Confirmation of death and details about the death certificate
7. Legal Basis for Claim: Statement of legal authority to make the claim (e.g., named executor, next of kin)
8. Verification of Facts: Standard declaration that all stated facts are true to the best of knowledge
9. Solemn Declaration: Formal closing statement declaring the truth of the contents
10. Execution Block: Space for signature, commissioner for oaths details, and attestation
1. Will Reference: Include when deceased left a valid will, describing its contents relevant to bank accounts
2. Muslim Declaration: Include for Muslim deceased to confirm application of Shariah law
3. Small Estate Declaration: Include when estate falls under Small Estates (Distribution) Act
4. Joint Account Details: Include when any of the accounts were joint accounts
5. Beneficiary List: Include when there are multiple beneficiaries to list their details
6. Outstanding Loans Declaration: Include when there are known banking facilities or loans to be settled
7. Foreign Assets Declaration: Include when deceased had overseas bank accounts or assets
1. Death Certificate: Certified true copy of the death certificate
2. Identity Documents: Copies of deceased's and deponent's identification documents
3. Bank Statements: Recent bank statements of all accounts mentioned
4. Proof of Relationship: Marriage certificate, birth certificate, or other relationship proof
5. Grant of Probate/Letters of Administration: If already obtained, copy of legal authority document
6. Will: If applicable, certified copy of the last will and testament
7. Beneficiary Documents: If applicable, identification documents of all named beneficiaries
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