West Virginia Affidavit by an Attorney-in-Fact or by Affiant in the Capacity of an Attorney-in-Fact

State:
Multi-State
Control #:
US-00482BG
Format:
Word; 
Rich Text
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Description

For an affidavit to be valid, it is essential that the affidavit be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.


The following form is by an affiant as an attorney-in-fact.

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FAQ

Derived from the Latin affidare ? ?to make an oath? ? an affidavit is a written statement in which the author (known as the affiant) swears an oath to tell the truth under the penalty of perjury. The affiant signs the document in the presence of a notary public or other officially designated officer of the court.

Wills, letters of administration, guardianships, appraisals, and settlements are some of the estate documents recorded by the court.

No will shall be valid unless it be in writing and signed by the testator, or by some other person in his presence and by his direction, in such manner as to make it manifest that the name is intended as a signature; and moreover, unless it be wholly in the handwriting of the testator, the signature shall be made or ...

Can I write my own will? Yes. A will that you write yourself is called a holographic will. Holographic wills are not valid in every state, but they are valid in West Virginia, as long as they are written entirely in the author's handwriting.

IMPORTANT NOTE: Notarization is NOT required for a valid will in West Virginia. A ?Self-Proof Affidavit,? which is signed by the attesting witnesses, assists with probate and is usually used.

An affiant is a person who is the author of an affidavit, who swears to the truth and accuracy of the statements made in the affidavit. The person making the signed statement (affiant) takes an oath that the contents are true to the best of their knowledge. [Last updated in June of 2022 by the Wex Definitions Team]

Some assume this signature space is for someone who has witnessed them signing the affidavit. This is an understandable error. In fact, an affiant is the person who swears by the truth of the facts mentioned in the affidavit.

West Virginia does permit handwritten wills (West Virginia Code § 41-1-3), but they are usually not a good idea.

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West Virginia Affidavit by an Attorney-in-Fact or by Affiant in the Capacity of an Attorney-in-Fact