An Affidavit of Trust is commonly required in Nigeria when trustees need to prove their authority or verify the existence of a trust without disclosing the entire trust document. This document is particularly useful in situations involving property transactions, financial dealings, or legal proceedings where proof of trust existence and trustee authority is required. The affidavit must comply with Nigerian legal requirements, including proper execution before a Commissioner for Oaths or Notary Public. It typically contains key information about the trust's creation, trustees, general powers, and purpose, while maintaining the confidentiality of sensitive trust provisions. The document is governed by various Nigerian laws, including the Trustees Act, Evidence Act, and Oaths Act, which establish the framework for its creation and use.
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1. Caption and Title: Identifies the jurisdiction, court (if applicable), and type of document
2. Affiant Introduction: Identifies the person making the affidavit, including full name, occupation, and address
3. Capacity Statement: States the affiant's relationship to the trust (trustee, settlor, etc.) and their authority to make the declaration
4. Trust Identification: Specifies the name of the trust, date of creation, and type of trust
5. Trust Verification: Confirms the existence of the trust and references the original trust document
6. Trustee Information: Lists current trustees and their powers
7. Trust Property Declaration: General statement about the nature and existence of trust property
8. Purpose of Affidavit: States the reason for creating this affidavit of trust
9. Attestation Clause: Standard declaration of truth and signature block
10. Notarization Block: Space for commissioner for oaths/notary public details and attestation
1. Beneficiary Information: Included when disclosure of beneficiaries is necessary and permitted by trust terms
2. Successor Trustee Provisions: Used when relevant to the purpose of the affidavit or when succession of trustees needs to be established
3. Trust Amendment History: Included when the trust has been modified since its creation
4. Special Powers: Details specific powers granted to trustees, included when relevant to the purpose of the affidavit
5. Certificate of Trust References: Used when the trust has an existing certificate of trust that needs to be referenced
6. Trust Revocability Statement: Included to clarify whether the trust is revocable or irrevocable when relevant
1. Schedule A - Trust Property: Detailed list of assets currently held in the trust
2. Schedule B - Certified Trust Extract: Relevant excerpts from the trust deed that support the statements in the affidavit
3. Schedule C - Supporting Documents: Copies of relevant certificates, deeds, or other documents referenced in the affidavit
4. Appendix 1 - Trustee Identification: Copies of identification documents for current trustees
5. Appendix 2 - Corporate Resolution: If a trustee is a corporation, resolution authorizing the affidavit (when applicable)
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