Sometimes, we have to relinquish our rights or interest to an inheritance for the sake of peace. When it comes to real estate properties and assets left by a decedent, family members would fight over who gets the inheritance, and if you do not want the drama that comes with it, your only choice is to waive your part of the estate as stated in the will and testament. But to do so, you have to willingly submit a sworn statement saying that you are relinquishing and waiving your rights. In this article, we will talk about the affidavit of waiver and how you can make one immediately.
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What Is the Affidavit of Waiver?
The affidavit of waiver is a sworn statement that states that a person has relinquished all their rights or interest in subjects such as properties or assets. The attestation should be willingly signed by the affiant and not through coercion, as this is illegal in any and all countries. The affidavit of waiver is also usable in companies upon onboarding an employee to a certain degree, though it should not be to the point where there is a violation of human rights.
How to Create an Affidavit of Waiver?
To create the affidavit of waiver, there are a lot of things you need to consider before jumping on the task. You can search the Internet for references on the format, but you can also follow the suggestions we have prepared for you.
1. Talk To Your Lawyer First
You need to know that by signing an affidavit of waiver, you automatically relinquish your rights to another person and that is irreversible. So before you waive your rights on a certain subject, think about how this would affect you in the future. If you are not sure what would happen after signing the affidavit, you need to consult your lawyer first. Your lawyer should know what to say and can certainly answer your questions if ever you are confused about the situation.
2. Download A Template
Making your own affidavit would really help you save up some money, but then you would have to go back and forth between your word processor and the search browser, so that would really take a lot of time. With the right template, you will never have to worry about writing from scratch again, plus it is inexpensive. You can also customize it to suit your preferences and store it on your digital device so you can have the chance to use it again.
3. Give Complete Details
When writing legal statements such as affidavits, you need to write the correct details of the affiant (which is you) and the subject which you are relinquishing your rights for. Give your full name, address, marital status (this is important if you are claiming inheritance), and your age (minor affiants must be represented by parents or guardians). You also need to include contact information, such as your ID card number, for the veracity of your identity and authentication of the document.
4. Describe the Subject Of Your Waiver
The subject of your waiver at this point is inheritance either of properties or assets. So, you need to write in detail the type of inheritance you have acquired, where it came from, who owned it before, and other relevant information that may relate to the document. Of course, you will also need to tell the court why you are waiving your rights in that inheritance and who from the rest of the heirs can claim it.
Is there a disadvantage in signing a waiver?
When you sign the waiver affidavit, you automatically relinquish your rights, and sometimes that could be disadvantageous to you. Especially when you are under litigation, the court will assume that you are also waiving your rights to a fair trial. That is why you need to understand what a waiver of rights entails and encompasses.
Can I submit a waiver affidavit to the court without a notary?
Any court of law would not accept any unnotarized document as evidence. Without the authentication, seal, and signature of a notary public, the document will only remain a paper filled with words but holds no power whatsoever.
Can a minor aged heir relinquish their rights to an inheritance?
Technically, a minor child who is below 18 years of age cannot relinquish their rights to an inheritance as they have no understanding of the consequences it entails. They are also easier to manipulate and coerced and that is why the court will advise guardians to wait until the minor comes of legal age and has the capacity to decide for themselves.
Relinquishing your rights and interest in an inheritance from a deceased parent, relatives, or friend can be done legally when you have the right tool to use. With the affidavit of waiver, you can freely express your wishes not to take anything due to your own valid reasons. Download our editable and printable affidavit of waiver today by clicking on our samples.
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