Errors and omissions in jurats are a common reason for Probate applications being returned for correction. Always ensure the deponent is identified correctly in the jurat.
Note: Other frequent issues include a missing date of swearing and incomplete addresses.
Correct identification of deponent in a jurat (personally known)
This jurat is correctly completed: the official personally knows the deponent, so section (a) is completed and section (b) is struck out.
Affirmed/Sworn at Castlebar
in the County of Mayo
this 11th day of April 2024
Michael Hegarty
by the said Michael Hegarty (Signature of Deponent)
before me, a Commissioner for taking Affidavits and
(a) I know the deponent.
(b) The deponent has been identified to me by ______ who certifies to his/her knowledge of the deponent.
I certify that I know the deponent.
(Signature of person identifying deponent)
Fiona McCarthy
Commissioner for Oaths / Practising Solicitor
Correct identification of deponent in a jurat (identified by third party)
This jurat is properly completed: the official does not personally know the deponent. Identification is made by a third party (Peter McNally). Section (b) is completed and section (a) is struck out.
Affirmed/Sworn at Castlebar
in the County of Mayo
this 11th day of April 2024
by the said Michael Hegarty
before me, a Commissioner for taking Affidavits and
(a) I know the deponent.
(b) The deponent has been identified to me by Peter McNally, who certifies to his knowledge of the deponent.
I certify that I know the deponent.
Peter McNally
(Signature of person identifying deponent)
Fiona McCarthy
Commissioner for Oaths / Practising Solicitor
Incorrect identification of deponent in a jurat
This jurat is incorrect because it does not indicate which identification method applies. One of the options must be struck out to avoid ambiguity.
Affirmed/Sworn at Castlebar
in the County of Mayo
this 11th day of April 2024
by the said Michael Hegarty
before me, a Commissioner for taking Affidavits and
(a) I know the deponent.
Michael Hegarty
(Signature of Deponent)
or
(b) The deponent has been identified to me by ______ who certifies to his/her knowledge of the deponent.
I certify that I know the deponent.
(Signature of person identifying deponent)
Fiona McCarthy
Commissioner for Oaths / Practising Solicitor