What Is a Statutory Declaration?

If you have been asked to provide a statutory declaration, you may be wondering what one is, when you need one, and how to make a statutory declaration in the UK.

A statutory declaration is a formal legal statement in which a person declares that certain facts are true. It is made voluntarily and must be witnessed by an authorised person, such as a solicitor, commissioner for oaths, notary public or another person authorised by law.

Statutory declarations are commonly used for a wide range of legal, administrative and personal matters, including confirming identity, correcting official records, declaring ownership, replacing lost documents and confirming facts where other evidence may not be available.

In this guide, we explain what a statutory declaration is, what a statutory declaration is used for, who can witness one, how to make a statutory declaration and what happens if you make a false declaration.

What Is a Statutory Declaration?

A statutory declaration is a formal written statement that a person declares to be true.

Unlike an ordinary written statement or signed letter, a statutory declaration is made under a specific legal procedure. The person making the declaration, known as the declarant, signs the document in the presence of an authorised witness.

The purpose of a statutory declaration is generally to provide a formal way of confirming facts when a sworn statement or other type of evidence is required.

In the UK, statutory declarations are generally made under the Statutory Declarations Act 1835.

A statutory declaration does not necessarily have to relate to a court case. In fact, many statutory declarations are used for administrative or practical purposes rather than litigation.

What Is a Statutory Declaration Used For?

There are many situations where you may be asked to provide a statutory declaration.

Common examples include:

• Confirming a person’s identity

• Confirming a change of name

• Explaining a discrepancy in official documents

• Confirming ownership of property or goods

• Replacing lost or missing documents

• Confirming facts relating to an estate

• Supporting an application to a government organisation

• Confirming information relating to a company

• Providing evidence of a particular circumstance

• Dealing with certain land or property matters

• Confirming that a document or statement is accurate

The organisation requesting the statutory declaration will normally tell you why you need one and what information it must contain.

It is important to check these requirements before preparing your declaration because a statutory declaration that does not contain the required information may not be accepted.

How Does a Statutory Declaration Work?

The process of making a statutory declaration is relatively straightforward.

First, the declaration is prepared in writing. It should clearly set out the facts that you are declaring to be true.

You then take the document to an authorised person who can witness statutory declarations.

You will normally be required to sign the statutory declaration in the presence of the witness. The authorised person will then complete the relevant certification or jurat confirming that the declaration was made before them.

The exact wording and procedure can vary depending on the purpose of the declaration.

Who Can Witness a Statutory Declaration?

A statutory declaration must be made before a person who is legally authorised to take statutory declarations.

Depending on the circumstances, this may include a:

• Solicitor

• Commissioner for oaths

• Notary public

• Justice of the Peace

• Other person authorised under relevant legislation

If you are unsure who can witness your statutory declaration, check with the organisation requesting it or with the professional who will be witnessing the document.

Do You Need a Solicitor for a Statutory Declaration?

You do not necessarily need a solicitor to write a statutory declaration.

However, you generally need to make the declaration in front of an appropriately authorised person.

Many people choose to use a solicitor because a solicitor can help ensure that the document is properly prepared and witnessed.

This can be particularly useful if the statutory declaration is complicated, contains important legal information or is being used in connection with property, an estate or another significant legal matter.

For a straightforward declaration, the organisation requesting the document may provide a template or specify exactly what needs to be included.

How to Write a Statutory Declaration

The contents of a statutory declaration will depend on its purpose, but it will generally identify:

1. The person making the declaration

2. The facts being declared

3. The legal declaration that the information is true

4. The signature of the declarant

5. The details and signature of the authorised witness

A statutory declaration should be clear, factual and accurate.

Avoid including unnecessary information or making statements that you cannot honestly confirm.

If you have been given specific wording by a government department, organisation, solicitor or other authority, you should follow their requirements carefully.

Example of Statutory Declaration Wording

A statutory declaration commonly contains wording along the lines of:

“I, [full name], of [address], do solemnly and sincerely declare that…”

The document will then set out the facts being declared.

It will generally conclude with the appropriate statutory declaration wording and be signed by the declarant in front of the authorised witness.

The exact wording should be appropriate for the purpose of the declaration. If an organisation has supplied a prescribed form or wording, that should normally be used rather than creating your own version.

What Is the Difference Between a Statutory Declaration and an Affidavit?

A statutory declaration and an affidavit are both formal legal statements, but they are not the same thing.

An affidavit is a written statement made under oath or affirmation and is commonly used as evidence in legal proceedings.

A statutory declaration is a formal declaration made under the relevant statutory procedure and is often used for administrative, legal or evidential purposes outside traditional court proceedings.

One important distinction is that a statutory declaration is not normally sworn on oath. Instead, the declarant makes a formal declaration that the contents are true.

If you have been specifically asked for an affidavit, you should not assume that a statutory declaration will be accepted instead. The organisation or court requesting the document should be able to confirm which type of document is required.

What Is the Difference Between a Statutory Declaration and a Witnessed Statement?

An ordinary witnessed statement is not necessarily a statutory declaration.

A statement may simply be signed by the person making it and witnessed by another individual. A statutory declaration follows a specific legal procedure and must be made before someone who is authorised to take statutory declarations.

This distinction can be important because signing an ordinary statement does not automatically turn it into a statutory declaration.

How Much Does a Statutory Declaration Cost?

The cost of making a statutory declaration can vary depending on who prepares or witnesses it and whether you require additional legal assistance.

If you are using a solicitor, the solicitor may charge a fee for witnessing the declaration. If you require advice about the contents of the declaration or assistance drafting it, additional fees may apply.

Before arranging an appointment, it is sensible to ask about the cost and confirm whether the fee covers simply witnessing the document or also includes preparing it.

Can a Statutory Declaration Be Made Online?

Whether you can complete any part of the process remotely depends on the requirements of the organisation requesting the declaration and the applicable legal procedure.

Do not assume that an electronic signature or video call is sufficient simply because the document itself can be created digitally.

If the declaration must be signed in the physical presence of an authorised witness, you will need to follow that requirement.

What Happens If You Lie in a Statutory Declaration?

A statutory declaration should only contain information that you genuinely believe to be true.

Making a knowingly false statutory declaration can have serious legal consequences. A person should therefore never sign a statutory declaration containing information they know to be false or misleading.

If you discover that something in your declaration is incorrect, obtain appropriate legal advice before attempting to correct or replace the document.

When Might You Need a Statutory Declaration?

You may need a statutory declaration when an organisation requires formal confirmation of facts and there is no other suitable document or evidence available.

For example, you might be asked to provide a statutory declaration when:

• Your name differs between official documents

• A document has been lost

• You need to confirm a particular fact about yourself

• An organisation requires formal confirmation of ownership

• You need to provide evidence relating to an estate

• A government department or other authority specifically requests one

The exact circumstances vary considerably, so always check what the organisation requesting the statutory declaration requires.

Get Your Statutory Declaration Right

A statutory declaration may look like a simple document, but it is an important formal legal statement.

Whether you need a statutory declaration for a change of name, lost documents, property matters, an estate or another legal or administrative purpose, it is important to understand exactly what is being requested and to make sure the declaration is prepared and witnessed correctly.

If you have been asked to provide a statutory declaration and are unsure what information to include, getting professional advice can help you avoid unnecessary delays or having your declaration rejected.

Key Takeaways

A statutory declaration is:

• A formal written declaration of facts

• Made by a person known as the declarant

• Made under a statutory procedure

• Generally signed in front of an authorised witness

• Used for a wide range of legal and administrative purposes

• Different from an affidavit and an ordinary witnessed statement

• A document that should always contain truthful and accurate information

Understanding what a statutory declaration is and how the process works can make what initially seems like a complicated legal requirement much easier to navigate.