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This guide provides a general overview of the requirements for the execution of various legal documents, including statutory declarations, affidavits, affirmations, deeds, power of attorney, and wills under the common law. Proper execution of these documents is crucial to avoid invalidity or unenforceability of such documents, which may affect the rights of parties involved.
For individuals, executing documents is relatively straightforward. On the other hand, executing documents for companies depends on their place of incorporation. The article also covers the difference between statutory declarations, affidavits, and affirmations, which are all written statements of facts. These documents are used as evidence and require the affixing of the author's signature in front of legal testifying authority.
The article also provides a detailed explanation of what deeds are and how they differ from contracts. The making of a deed is the most formal way of executing a document and is required under certain circumstances. A deed is a contract made under seal and can effect the transfer of an interest, right, or property, create an obligation binding on some person or persons, or confirm some act whereby an interest, right, or property has already passed.
The article emphasises the importance of delivery when executing deeds. A deed that has been executed must also be delivered in order to be effective. The party who has executed it is bound and cannot withdraw from it after delivery. The article also discusses the use of an escrow, a third party who holds onto the deed until the conditions for its release are satisfied.
Overall, it is important to note that this guide provides a general summary of the position under common law, and it is not legal advice. Each jurisdiction may have specific requirements, and consulting a local lawyer is recommended.
To use this document, follow these steps:
1. Read the introduction: The introduction clarifies that the document provides a general summary of common law requirements for executing documents by individuals and companies. It also states that as each jurisdiction has its own specific requirements, it is advisable to seek legal advice from a local lawyer.
2. Understand the different types of documents: This document focuses on Statutory Declarations, Affidavits, Affirmations, and Deeds. It provides a definition for each type of document and explains its purpose.
3. Learn how to execute a Statutory Declaration, Affidavit, and Affirmation: Each section provides a brief outline of the process to execute these documents and what is required for them to be valid.
4. Understand what a Deed is and its requirements: This section provides an overview of Deeds, which are speciality documents that take effect only if the formalities prescribed by law are followed. It also explains the difference between Deeds and contracts signed underhand.
5. Know the basic requirements for a Deed: This section provides the basic requirements for a Deed, which must be in writing, signed, sealed, and delivered.
6. Understand the importance of delivery: Delivery is a crucial aspect of executing a Deed. The section on Delivery clarifies that the deed must be delivered to be effective, and the person executing the Deed must express an intention to be bound by its provisions.
7. Learn about Escrow: Escrow is explained as an arrangement where a third party holds onto the Deed until certain conditions are met, ensuring that the terms of the agreement are fulfilled.
This guide is helpful for individuals and companies who need to execute legal documents such as Statutory Declarations, Affidavits, Affirmations, and Deeds. It provides a clear understanding of the requirements for each type of document and explains how to execute them properly to avoid making any mistakes that may make the documents invalid or unenforceable. The document is written in a clear and concise manner, making it easy to follow for those who do not have legal expertise.