Statutory Declaration

A statutory declaration is a formal statement made in a prescribed way affirming that something is true to the best knowledge of the Declarant, being the person making the declaration. The statutory declaration will need to be signed in the presence of a solicitor, commissioner for oaths or notary public. The statutory declaration would effectively satisfy some legal requirement, or regulation where perhaps no other such evidence is available.

For instance, a statutory declaration is commonly used as a method of legally changing your name, where you would legally declare that you renounce your old name and adopt a new one in a document that is witnessed by a solicitor. More commonly, statutory declarations are used by financial institutions to transfer money to persons legally entitled to deal with the estate of a person who has died, such as executors of a Will.

A statutory declaration is a legal document that is governed by the Statutory Declarations Act 1835. All statutory declarations must contain the following wording:

“I (name) do solemnly and sincerely declare, that/as follows........ and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act 1835.”

As a statutory declaration needs to be completely truthful and accurate, a solicitor other than the one acting for you in a legal matter will deal with the statutory declaration where one is required. This is to ensure that the declaration is valid on the grounds of being impartial, and it cannot therefore be certified by a solicitor acting for you.

Other examples that a statutory declaration can be used for:

  • Declarations of identity, nationality, marital status, etc. when documentary evidence is unavailable
  • Affirming the provenance and nature of goods for export or import
  • Declaration statements of originality of an item during a patent application
  • Company directors declaring solvency when going into voluntary liquidation

Commissioner of Oaths

Here at Signature Law LLP, we are Commissioner of Oaths.

A Commissioner for Oaths is somebody authorised to administer Oaths for use in court and other legal proceedings.

Most lawyers act as Commissioners for Oaths and we can administer Oaths according to the law of England and Wales. If you require a Commissioner of Oath to certify true copies of documents or witness your signature, there will be a small fee for us to do the same. You do not always need to make an appointment for our solicitors to provide this service.