A statutory declaration is a formal statement. It’s for those times when you need to affirm that something is true. Or true to the best knowledge of the person making the declaration. It usually has to be signed in the presence of a solicitor or sometimes a commissioner for oaths or notary public can witness it too.
What is a statutory declaration?
Despite the historic origins of Statutory Declarations, dating back almost two hundred years, they are still commonly used. Typically to allow an individual to declare something to be true for the purposes of satisfying some legal requirement or regulation. And usually when no other evidence is available to prove the matter in question.
As Statutory declarations are used to satisfy a legal requirement where no other evidence is available, as you’d imagine, they have to be completely truthful and accurate. To knowingly make a false declaration could result in legal proceedings being taken against that person.
If you are already working with a solicitor regarding a matter, where a statutory declaration is required this should be done with a different solicitor in the interest of it being impartial.
How statutory declarations can be used
- People wanting to change their name & use it on documents like passports or driving licences
- For the transfer of money to people entitled to deal with the estate of a person who’s died, eg the executors of a will
- For declarations of identity, nationality or marital status if documentary evidence is unavailable
- By company directors declaring if going into voluntary liquidation
- Confirming the provenance of goods for export or import
- Statements of originality of an item – for example as part of a patent application.
A statutory declaration is a legal document that is governed by the Statutory Declarations Act 1835. All statutory declarations must contain certain phrasing that your solicitor can help you with. We regularly help people with Statutory Declarations, so if you need help please get in touch.