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  • Posted by risingsun on September 18, 2023 at 3:21 pm

    hello. i am just about to knock up an affidavit (using the template that came with trust pack). My question is this…in the space that says I, a man answering to the name of … …..do i put in just my given names only or do i attach my family name too? a man can answer to several names, so I would have thought that it does not really matter. any thoughts? i am thinking just write my full name. that is what it will say on my id which the notary countersigning it may wish to see. thanks for any clarification. ps…..is a deed of donation similar to an affidavit? or does an affidavit hold more weight?. Also, any tips on how to word the donation part keeping it as simple as possible would be appreciated. They are digital assets

    • This discussion was modified 1 year, 9 months ago by  risingsun.
    morag-janet-of-the-hill-family replied 1 year, 9 months ago 2 Members · 6 Replies
  • 6 Replies
  • morag-janet-of-the-hill-family

    Member
    September 18, 2023 at 5:14 pm

    The key is that you are saying ‘answering to the name’ this separates you from the name and keeps you in your living capacity as you are not the name, you are only answering to it out of necessity. What is your affidavit wanting to achieve?

    • risingsun

      Member
      September 18, 2023 at 5:51 pm

      thanks for both replies….just trying to get it correct which i think i am…its all a learning curve..mark said that i could simply donate assets to trust..there no law against that….. i believe it is the affidavit document that states that this donation has occured. its basically just a record for my trust file in case i ever need it. thanks again

  • morag-janet-of-the-hill-family

    Member
    September 18, 2023 at 5:17 pm

    Here’s a definition by a law firm in Australia of a Deed of Gift https://legalconsolidated.com.au/deed-of-gift/

  • morag-janet-of-the-hill-family

    Member
    September 18, 2023 at 5:57 pm

    Oh ok that’s pretty straight forward then. It would be separate and different from the Deed of Donation which is not an affidavit. You just have to remember that an affidavit is a statement of fact. Once it is unrebutted it becomes truth in law. A Deed of Donation is just a record of the handing over of property as a donation. The affidavit allows anyone to try to rebut what you have done (which they won’t be able to) and then what you have done will become truth in law.

    • risingsun

      Member
      September 18, 2023 at 6:18 pm

      i could do both i suppose and have them both up my sleeve if ever needed…..the affidavit simply stating that i donated the assets. the deed just a record of details between donor and donee. both may be good to have on file