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What is an Affidavit of Identity (one and the same person)
In Ontario, an Affidavit of Identity (One and the Same Person) is a legal document used to establish that two different names belong to the same individual. It is typically used when a person's name has changed or there are variations in the way their name appears on different official documents.
The affidavit is sworn or affirmed by the individual in the presence of a commissioner of oaths or a notary public. It includes a statement declaring that the person named in one document (such as a driver's license, passport, or birth certificate) is the same person as the individual named in another document (such as a marriage certificate or legal name change document).
The purpose of this affidavit is to provide a means of confirming the identity of a person who may have been known or referred to by different names in various official records. It helps to establish a legal link between the different names and simplifies administrative processes, such as applying for identification documents or dealing with legal matters.
Here's a table summarizing the different situations where an affidavit of one and the same person may be required:
| Situation | Description |
|---|---|
| Name Change | Legal name change where the affidavit confirms the connection between the previous name and new name. |
| Marriage | Name change after marriage, affirming the link between the individual's maiden name and married name. |
| Divorce | Confirming the connection between the individual's married name and their previous name post-divorce. |
| Adoption | Verifying the link between the individual's original name and the adopted name after the adoption process. |
| Nickname or Alias | Establishing the connection between an individual's legal name and the nickname or alias they are known by. |
| Errors or Discrepancies | Clarifying variations or errors in official documents that refer to the same individual. |
| Documentation Updates | Providing supporting evidence for name changes or variations during the process of updating identification documents. |
| Legal Proceedings | Confirming the identity of an individual in legal cases where different names are used, resolving potential confusion or disputes. |
Essential Details To Include In An Affidavit of Identity
- Heading: The document should have a heading that clearly states "Affidavit of Identity (One and the Same Person)" or something similar.
- Affiant Information: The affidavit should start by providing the affiant's (the person making the statement) personal information, including their full name, current address, and contact details.
- Statement of Identity: The affidavit should contain a clear and concise statement affirming that the affiant is the same person as the individual named in different documents. For example, it might state: "I, [Full Name], solemnly declare that I am one and the same person as [Other Name], as stated in [Document 1] and [Document 2]."
- Description of Documents: The affidavit should specify the names of the documents that establish the different variations of the affiant's name. This may include driver's licenses, passports, birth certificates, marriage certificates, or legal name change documents. Provide the document names, dates of issuance, and any identifying numbers or details.
- Reason for Name Variation: The affidavit may include a brief explanation of why there are different names or variations. This could be due to marriage, divorce, adoption, or other legal processes.
- Signature and Date: The affiant must sign and date the affidavit in the presence of a commissioner of oaths or a notary public. The commissioner or notary public will then add their own signature, seal, and date, certifying that the affidavit was sworn or affirmed before them.
Example: Affidavit (One and the Same Person)
Here is an example of an Affidavit of Same Name that could be used in the province of Ontario, Canada:
AFFIDAVIT OF SAME NAME
I, [Your Full Legal Name], residing at [Your Full Address], solemnly affirm as follows:
1. I am the same person referred to as [Previous Name] and [Current Name] in various documents.
2. [Previous Name] is the name I was known by prior to [date or event].
3. [Current Name] is the name I have been using since [date or event].
4. I confirm that I am one and the same person referred to as [Previous Name] and
[Current Name] in the following documents:
a) [List of relevant documents, such as driver's license, passport, birth certificate, marriage certificate, or other identification documents]. Include document names, dates of issuance, and any identifying numbers or details.
5. I hereby declare under oath that the information provided in this Affidavit of
Same Name is true and correct to the best of my knowledge and belief.
Sworn (or Affirmed) before me at [City, Province] on this [Day] day of [Month], [Year].
[Your Full Legal Name]
Commissioner of Oaths (or Notary Public)
[Signature of Commissioner or Notary]
[Commissioner or Notary Seal]
Creating Your Own Affidavit of Identity : A Step-by-Step Guide
In addition to the above example, here are the general steps involved in creating your own:
1. Determine the Purpose: Identify why you need to create the affidavit. This could be for a name change, updating official records, resolving discrepancies, or other similar reasons.
2. Gather Supporting Documents: Collect all the relevant documents that establish the variations in your name, such as driver's licenses, passports, birth certificates, marriage certificates, or legal name change documents. Ensure you have copies of these documents for reference and attachment to the affidavit.
3. Draft the Affidavit: Prepare a written statement that includes the necessary information. The affidavit should contain your personal information, a clear declaration that you are the same person as the individual named in different documents, a description of the documents involved, and any additional details required by your jurisdiction or the requesting organization.
4. Consult a Commissioner of Oaths or Notary Public: Book your appointment with Notary Services Richmond Hill. We will be responsible for witnessing the signing of the affidavit and verifying your identity.
5. Sign the Affidavit: In the presence of our commissioner of oaths or notary public, sign the affidavit. Ensure you follow any specific instructions provided by our notary witnessing the document. Our notary will then place a seal or stamp, confirming that the affidavit is a true and valid document.
6. Submit the Affidavit: Submit the completed and signed affidavit, along with any supporting documents, to the appropriate party or organization that requested it. Keep copies of the affidavit and attachments for your records.
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