Best Affidavits & Statutory Declarations Lawyers in Malaysia

1. About Affidavits & Statutory Declarations Law in Malaysia

Affidavits and statutory declarations are sworn or affirmed written statements used as evidence in Malaysian courts and administrative processes. They help establish facts where oral testimony is impractical or where documentary proof is required.

An affidavit is a factual statement sworn before an authorised official, such as a Commissioner for Oaths or a magistrate. It becomes part of the court record and can support applications, affidavits of service, or motion papers.

Statutory declarations are similar documents made under a statutory framework that requires a declaration rather than an oath. In Malaysia they are typically witnessed by Commissioners for Oaths, and used for identity verifications, statutory confirmations, or declarations required by government agencies.

“An affidavit is a written statement sworn to be true and used as evidence.”

Source: Legislation Malaysia

“A statutory declaration is a declaration made in writing under a statutory authority and witnessed by an authorised person.”

Source: Legislation Malaysia

For practical purposes, expect to identify the matter, prepare factual statements carefully, and have the document witnessed by a legally authorised person. Official guidance and forms are available from government portals and the Malaysian Bar.

Key references for the governing framework include the Evidence Act 1950 and the Statutory Declarations Act in Malaysia. Always verify the latest versions on official sites before preparing documents. Attorney General's Chambers Malaysia and Judiciary of Malaysia provide practical procedures for affidavits and declarations.

2. Why You May Need a Lawyer

In Malaysia, specific situations often require skilled legal guidance to prepare affidavits and statutory declarations correctly. Below are real-world scenarios where a lawyer's assistance is typically essential.

• Property transactions require a legally accurate affidavit of identity and address to satisfy bank or seller conditions during a sale and purchase agreement or loan application.
• Divorce and maintenance matters often involve affidavits of assets, income, and expenses to support financial orders or settlements.
• Immigration and residency processes may need statutory declarations to verify family ties, birth details, or overseas income for visa applications.
• Probate and estate administration frequently require affidavits of death, executor affidavits, or claims against estates to prove distributions or debts.
• Corporate and banking matters may demand affidavits to confirm signatory authority, corporate resolutions, or ownership interests before financial deals.

A lawyer can help tailor the language for accuracy and ensure compliance with the relevant Act and court rules. They can also advise on the appropriate witness (Commissioner for Oaths, Notary, or other authorised officer) and ensure documents are properly sealed and filed.

3. Local Laws Overview

The Malaysian framework for affidavits and statutory declarations rests on established statutory provisions and common practice. The following statutes are commonly invoked in practice and are supplemented by court rules and practitioner guidelines.

Evidence Act 1950 - Governs the admissibility of affidavits as evidence in civil and criminal proceedings. It provides the basic rules for how written statements may be used to prove facts in court and the conditions under which affidavits are accepted. See the official Act for the current text and amendments: Legislation Malaysia - Evidence Act 1950.

Statutory Declarations Act 1960 - Establishes the framework for statutory declarations, including who may witness them and the form of declarations used for statutory purposes. For the precise wording and any amendments, consult the official statute page: Legislation Malaysia - Statutory Declarations Act.

Legal Profession Act 1976 - Regulates the practice of law in Malaysia, including the roles of Commissioners for Oaths and Notaries who witness affidavits and declarations. See the Act and related regulations for the scope of authority and professional standards: Legislation Malaysia - Legal Profession Act 1976.

These acts are periodically amended to reflect changing practice and administrative needs. Always refer to the official act pages for the latest versions and any transitional provisions.

Recent changes or trends can be seen by checking the official act pages for amendments over time. For broad guidance and procedural steps, consult Attorney General's Chambers Malaysia and Judiciary of Malaysia.

4. Frequently Asked Questions

What is an affidavit and when is it used in Malaysia?

An affidavit is a sworn written statement of facts used as evidence in court. It is commonly filed with civil and family matters or as part of applications for orders and relief. You must sign it in the presence of a Commissioner for Oaths or a magistrate.

How do I start the process to make an affidavit in Malaysia?

Locate a Commissioner for Oaths or a lawyer who acts as a Commissioner for Oaths. Bring valid identification and documents supporting your facts. Complete the prescribed form and swear or affirm before the authorised officer.

Do I need a lawyer to prepare an affidavit in Malaysia?

While it is possible to prepare affidavits yourself, engaging a lawyer helps ensure accuracy and compliance with the Evidence Act 1950 and related rules. A lawyer can advise on scope, form, and witness requirements.

How much does it cost to prepare an affidavit in Malaysia?

Typical fees cover drafting, witnessing, and administrative charges, varying by complexity and location. Expect several hundred ringgit for straightforward matters, plus any official filing fees charged by the authority.

How long does it take to get an affidavit sworn and ready for court in Malaysia?

Simple affidavits may be completed within a few hours to a day, depending on the witness's availability. More complex affidavits tied to timelines in a case can take a week or more.

Can a statutory declaration be used as a substitute for an affidavit?

Statutory declarations and affidavits serve similar purposes but are governed by different statutory regimes. In some cases a statutory declaration suffices for non-litigation purposes, while affidavits are preferred for court proceedings.

Do I need to be a Malaysian resident to make an affidavit?

No special residency requirement applies to making affidavits or statutory declarations. You must be able to swear or declare the facts truthfully before a competent witness.

Where can I have an affidavit sworn in Malaysia?

Affidavits may be sworn at a Commissioner for Oaths, a solicitor, or a notary public. Official guidance sets out the approved venues and witnessing requirements for each jurisdiction.

Is it possible to do an affidavit remotely or online in Malaysia?

Remote or online witnessing is not universally available. Procedures depend on the issuing authority and current court rules. Check with the witnessing officer or your lawyer for the latest options.

What documents should I prepare before making an affidavit?

Carry proof of identity (NRIC or passport), relevant documents supporting the facts, and any court or agency forms. Prepare a clear, chronological narrative of the facts to be sworn.

What happens if an affidavit contains false statements?

Falsifying an affidavit can amount to perjury or false statements, with potential criminal penalties. Courts may dismiss the case or impose penalties; accuracy is essential.

How do I attach exhibits and certify copies in an affidavit?

Exhibits are numbered and referenced within the affidavit. Copies should be certified as true copies by the witness or a lawyer before submission to the court or agency.

5. Additional Resources

• Legislation Malaysia - Official Acts and Amendments: legislation.gov.my
• Attorney General's Chambers Malaysia - Guidelines and procedures for affidavits and oaths: agc.gov.my
• The Malaysian Bar - Information on practice, including affidavits, oaths and witness requirements: malaysianbar.org.my
• Judiciary of Malaysia - Court rules and e-services related to affidavits and declarations: kehakiman.gov.my

6. Next Steps

1. Define your objective and the type of document you need (affidavit or statutory declaration). Gather all supporting documents now to avoid delays.
2. Find a qualified lawyer or Commissioner for Oaths with experience in your matter. Check registration and ask about their experience with similar cases.
3. Book an initial consultation to discuss the facts, potential witnesses, and the appropriate form of declaration. Bring all supporting documents and IDs to the meeting.
4. Have the draft prepared and reviewed by your solicitor before signing. Confirm the correct witness type and location for attestation.
5. Attend the witnessing appointment and sign the document in the presence of the authorised officer. Ensure the affidavit or declaration is dated and stamped as required.
6. Obtain certified copies of exhibits and arrange filing with the relevant court or agency. Keep multiple copies for your records and for future use.