Sworn statement, notarized document, or witnesses? | ScriptaLegal
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Frequently asked questions > Succession/Estate > Succession settlement process > What is the difference between a declaration certified by a notary, a notarial deed, and a declaration signed in the presence of witnesses?

What is the difference between a declaration certified by a notary, a notarial deed, and a declaration signed in the presence of witnesses?

A notarized declaration is a document whose signatures are received in the presence of the notary. By their signature alone, the notary attests to the identity, status, and capacity of the signatories and confirms that the document accurately reflects their wishes . Level of legal certainty: High

A notarial deed , for its part, is drawn up and received by a notary in accordance with the Notarial Act . It constitutes an authentic instrument , to which the law grants superior probative force . When it is received in its original form, the notary ensures its official preservation . Level of legal certainty: Very high

A signed declaration before witnesses is a document signed by the parties in the presence of two witnesses , one of whom takes an oath or makes a solemn affirmation regarding the identity of the signatories and the signing of the document. However, this form does not offer the same guarantees as a declaration attested to by a notary or a notarial deed. Level of legal certainty: Low

The choice of the appropriate form depends on the nature of the declaration , the requirements of the bodies to which it will be submitted, and the level of legal certainty sought .

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