Best Affidavits & Statutory Declarations Lawyers in Malta

About Affidavits & Statutory Declarations Law in Malta

In Malta, affidavits and statutory declarations are sworn written statements used to provide evidence or attestations for a variety of legal matters. They are typically prepared by a person with knowledge of the facts and then witnessed by an authorized official. The sworn form gives the statements greater evidential weight in court, in administrative proceedings, or for regulatory purposes.

Affidavits are usually sworn before a Commissioner for Oaths or a Notary Public, while statutory declarations can be made before a person authorised by law, such as a Justice of the Peace. Both instruments must accurately reflect the deponent’s knowledge and must be signed and dated, with the witness certifying the oath or declaration. Malta treats false statements in these documents as potentially punishable by sanctions for perjury or false declarations.

Language is flexible in Malta; affidavits and declarations can be drafted in English or Maltese, depending on the jurisdictional requirements of the courts and agencies involved. The witnessing official will verify identity, ensure the document is properly sworn, and affix appropriate seals or stamps where required. For international use, these documents may also require apostille or legalization depending on the destination country.

In Malta, affidavits and statutory declarations are sworn before a Commissioner for Oaths or Notary Public and then used as evidence in court or before public authorities.

Ministry for Justice - Notaries Public

Procedures for oaths, declarations and attestations are administered by the Maltese judiciary and notaries in line with national law and court rules.

Judiciary of Malta

Why You May Need a Lawyer

Affidavits and statutory declarations touch many areas of Maltese law. A lawyer can help ensure the document is properly drafted, properly witnessed, and fully compliant with local rules. Below are concrete Maltese scenarios where legal assistance is commonly needed.

• Property transactions and real estate settlements require precise statements about ownership, encumbrances, and consent. An attorney helps draft affidavits to support registration or transfer at the Land Registry and to satisfy bank requirements for mortgages.
• Probate and succession matters often rely on affidavits of next of kin, heirship, or asset disclosure. A solicitor can tailor these declarations to the specific succession procedures and potential tax implications in Malta.
• Immigration or residency applications sometimes need sworn statements about family ties, financial means, or sponsorship. A lawyer ensures the declarations meet agency standards and are properly authenticated.
• Regulatory filings for businesses may require statutory declarations confirming solvency, director commitments, or truthful disclosures to authorities. Legal counsel helps avoid misstatements that could trigger penalties.
• Court proceedings frequently involve affidavits supporting affidavits for interim orders, witness statements, or affidavits of service. An attorney can structure the affidavit for admissibility and clarity.
• Corporate restructurings, liquidations, or cross-border matters may require multiple affidavits with precise dates and attestations. A lawyer coordinates witnesses, translations, and notarisation to prevent delays.

Local Laws Overview

Malta regulates affidavits and statutory declarations through several core statutory frameworks and practice guides. The precise steps and formalities depend on the purpose of the document and the authority requesting it. The following are commonly cited sources that govern practice in Malta.

Notaries Public Act and related regulations establish who may witness and certify affidavits and declarations when notaries are involved. Notaries act as impartial witnesses and provide authentication for documents used domestically or abroad. Official guidance for notaries is available from the Ministry for Justice.

Oaths, Declarations and Affirmations Act governs the use of oaths, declarations and affirmations in Maltese legal proceedings, including how statements are sworn, witnessed, and filed with courts or public bodies. This framework underpins the formal witnessing process for affidavits and statutory declarations.

Civil Procedure Rules and related civil procedure guidance regulate how affidavits are used in court proceedings, including timelines for filing, service on other parties, and rules on admissibility of evidence. These rules interact with the witness and authentication requirements under the Notaries Public Act and the Oaths, Declarations and Affirmations Act.

Official Maltese guidance emphasizes that the witnessing and authentication of affidavits must align with the Notaries Public Act and Oaths, Declarations and Affirmations Act.

Ministry for Justice - Notaries Public

Judiciary of Malta

Frequently Asked Questions

What is the difference between an affidavit and a statutory declaration?

An affidavit is a sworn statement made under oath and can be used as evidence in court. A statutory declaration is a written statement declared to be true without taking an oath in court, often used for administrative purposes. Both must be witnessed by an authorised official.

How do I prepare an affidavit for a Maltese court?

Gather all facts, identify documents to attach, and draft a clear, chronological narrative. Then have it witnessed by a Commissioner for Oaths or Notary Public and ensure every page is initialled and dated. A lawyer can tailor the format to the court's requirements.

What is the typical cost of preparing an affidavit in Malta?

Costs vary by complexity and witness fees. Expect charges for drafting, notarisation or witnessing, and any translation or apostille work. A Maltese solicitor can provide a fixed-fee estimate after reviewing your documents.

How long does the process usually take in Malta?

Drafting and witnessing typically takes a few days to a couple of weeks, depending on document length and witness availability. For urgent court filings, accelerated arrangements may be possible with notice.

Do I need a lawyer to file an affidavit or statutory declaration?

A lawyer is not always legally required, but a solicitor or advocate can greatly reduce errors and ensure compliance with Maltese procedural rules. Having counsel is advisable for complex matters or court filings.

Can I swear an oath if I am abroad and need a Maltese document witnessed?

Yes, Maltese citizens can often arrange for witnessing abroad through local authorities or Maltese consulates, but you may need to visit a local official authorised to administer oaths. Check with your Maltese lawyer for the precise procedure.

Where do I go to swear an affidavit in Malta?

Common options include a Commissioner for Oaths at a law firm or a Notary Public office. Some courts also accept affidavits sworn before authorised officials. Your lawyer can direct you to a convenient location.

What documents should I attach to an affidavit?

Attach supporting documents such as identity proofs, contracts, emails or correspondence, and copies of relevant records. Each exhibit should be labelled, dated, and referenced in the text.

What is the role of a Commissioner for Oaths in Malta?

The Commissioner for Oaths witnesses the oath, verifies the deponent's identity, and certifies the document. They ensure the affidavit meets formal requirements for evidentiary use.

Do I need translation or apostille for Maltese affidavits used abroad?

For international use, you may need translation into the receiving country’s official language and an apostille or legalization. Your lawyer can arrange the proper authentication chain for the destination jurisdiction.

Is there a time limit for submitting an affidavit to a Maltese authority?

Time limits depend on the agency or court involved. Some proceedings require affidavits within a specific filing window. Check with your counsel for precise deadlines in your case.

What happens if an affidavit contains a mistake or misstatement?

Mistakes can affect admissibility or create adverse consequences. You should promptly consult your lawyer to correct or re-draft the document before submission.

Additional Resources

• Ministry for Justice - Notaries Public: justice.gov.mt - Official guidance on notaries and witnessing of documents in Malta.
• Judiciary of Malta: judiciary.mt - Court procedures, rules, and practice directions related to affidavits and declarations.
• European e-Justice Portal: e-justice.europa.eu - Cross-border information on affidavits and declarations within the EU, including Malta.

Next Steps

1. Define the purpose of your affidavit or statutory declaration and gather all supporting documents. This clarifies scope and witnesses required.
2. Identify a Maltese lawyer who handles notarial matters, oaths, and civil procedure. Ask for relevant experience with affidavits in similar matter types.
3. Request a fee estimate and timeline from at least two qualified solicitors or advocates. Compare costs for drafting, witnessing, and any translations.
4. Prepare a draft affidavit with factual statements, avoid legal conclusions, and attach all exhibits labelled clearly. Share this draft with your chosen attorney for review.
5. Arrange witnessing with an authorised official (Commissioner for Oaths or Notary Public) and confirm identity verification requirements. Schedule promptly to avoid delays.
6. Submit the final, witnessed affidavit to the requesting authority or court, following any service and filing rules specified by the competent body.
7. Confirm whether you need apostille or legalization for international use and, if so, coordinate with your lawyer to obtain the appropriate authentication.