A Sworn Affidavit By Independent Trustee is a crucial legal document used in Canadian trust administration and legal proceedings. This document is typically required when there's a need to formally establish or confirm a trustee's independence, document specific trust-related actions, or provide evidence in legal or administrative proceedings. The affidavit must comply with both federal legislation (such as the Canada Evidence Act) and provincial laws governing trusts and sworn statements. It includes detailed information about the trustee's qualifications, independence, actions taken in administering the trust, and compliance with fiduciary duties. This type of affidavit is particularly important in situations involving court proceedings, regulatory compliance, beneficiary disputes, or major trust transactions where independent verification of the trustee's status and actions is required.
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1. Title and Court Information: Formal heading including jurisdiction, court file number (if applicable), and matter reference
2. Deponent Information: Full legal name, occupation, and address of the trustee making the affidavit
3. Basis of Knowledge: Statement establishing the deponent's role as trustee and the basis for their knowledge of the matters in the affidavit
4. Trust Details: Information about the trust, including date of creation, type of trust, and basic terms
5. Independence Declaration: Explicit statements confirming the trustee's independence and lack of conflicts of interest
6. Professional Qualifications: Details of relevant professional qualifications and experience as a trustee
7. Trust Administration Statement: Description of how the trust has been administered and key decisions made
8. Compliance Declaration: Statements confirming compliance with trust deed and relevant laws
9. Verification of Facts: Confirmation that the contents of the affidavit are true to the best of the deponent's knowledge
10. Sworn Statement: Formal closing statement and space for signature, commissioner details, and date
1. Specific Transactions: Detailed description of particular trust transactions (include when affidavit relates to specific trust activities)
2. Beneficiary Relations: Statement regarding relationships with beneficiaries (include when addressing beneficiary disputes or concerns)
3. Co-Trustee Relations: Details about interactions with co-trustees (include when there are multiple trustees)
4. Financial Summary: Overview of trust's financial position (include when financial matters are relevant to the purpose of the affidavit)
5. Prior Court Orders: Reference to relevant court orders affecting the trust (include when trust is subject to court supervision)
6. Third-Party Dealings: Information about dealings with third parties (include when relevant to trust administration)
1. Trust Deed: Copy of the trust deed and any amendments
2. Trustee Appointment: Documentation confirming the trustee's appointment
3. Financial Statements: Relevant financial records and statements of the trust
4. Correspondence: Relevant correspondence related to matters addressed in the affidavit
5. Professional Certifications: Copies of relevant professional qualifications and certifications
6. Supporting Documents: Any additional documents referenced in the affidavit
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