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Joshua, Lawyer
Category: Law
Satisfied Customers: 29201
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Need some help how to get an Affidavit done to transfer

Customer Question

Good day. Need some help how to get an Affidavit done to transfer property share to my sister from joint inheritance in my mum's will?
JA: Where are you? It matters because laws vary by location.
Customer: The property is in Zimbabwe and have found someone to give power of attorney?
JA: What steps have you taken so far?
Customer: He just sent me what the POA or Affidavit should include. Not even sure if I need both
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I think this is about it. Have the Will of Testament & burial order for my mum.
Submitted: 12 days ago.
Category: Law
Expert:  Joshua replied 12 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

  1. for the avoidance of doubt, from what you describe, you need to provide either a power of attorney or an affidavit or both to an individual in Zimbabwe to enable you to redirect an inheritance you have received there to your sister. Is that correct please?
  2. do you have any of the information or requirements that have been sent to you available to upload so I can review them?
Customer: replied 12 days ago.
I have a draft from the one who's going to have the POA
Expert:  Joshua replied 12 days ago.

thank you. Are you content to upload a copy of the requirements that have been sent to you in order for me to review them or would you prefer me to comment generally on the above?

Customer: replied 12 days ago.
Unfortunately can't continue cause don't have the amount am being asked to pay
Expert:  Joshua replied 12 days ago.

There should be no requirement to pay anything further to continue here in chat. I will try to provide an answer to the above based on what you have advised me so far however, without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:

Notwithstanding the above, in general terms you need to review the requirements that you have been advised of carefully in order to ascertain precisely what is required of you. In general terms, an affidavit does not require the involvement of a solicitor to prepare unless you require assistance in drafting the specific affidavit itself. An affidavit does not as a rule, but may as a result of additional requirements made by the party that has requested the affidavit, need to be signed in front of the solicitor. If there is a requirement to sign the affidavit in front of the solicitor, usually, this can be arranged at short notice for a nominal fee.

Something more extensive as required, then it may be that a solicitor will need to be involved in order to prepare a statutory declaration or, depending upon the extent of requirements, it may be that you require a specialist solicitor known as a notary public.

In relation to powers of attorney, again, you may be able to prepare one yourself about the involvement of the solicitor though many would choose to instruct a solicitor in connection with the preparation of a power of attorney. If you wish to attend this yourself, and you believe it would satisfy the requirements that have been notified to you, you can find precedents for s10 and s25 powers of attorney through a simple Google search

Customer: replied 12 days ago.
Thank you Joshua for your advice which is very clear and informative. It appears what is required is an Affidavit signed in the presence of a solicitor but not sure if they stamp it. Does a POA also need the same process?
Expert:  Joshua replied 12 days ago.

An affidavit would be sworn or stamped or both by a solicitor if sworn in front of them. Solicitors normally have a stamp for this.

A Power of attorney does not need to be signed in front of a solicitor in English law but it may be that this is a requirement in the foreign jurisdiction