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 declaration certified by a notary is a document in which the signatures are recorded in the presence of the notary. By his or her signature alone, the notary certifies the identity, capacity and capacity of the signatories and confirms that the document accurately reflects their intent. Level of legal certainty: High

A notarized deed, for its part, is drafted and executed by the notary in accordance with the Notarial Act. It constitutes an authentic instrument, to which the law grants superior evidentiary value. When recorded in the notary’s register, the notary ensures its official preservation. Level of legal certainty: Very high

A declaration signed in the presence of 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 signature on the document. However, this form does not offer the same guarantees as a declaration certified by a notary or a notarized deed. Level of legal certainty: Low

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

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