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25 June 2021

What is a Statutory Declaration?

Woodcock Notary Public explains what a Statutory Declaration is, when it is used and who has the legal power to authenticate it in this comprehensive guide.

Estimated reading time: 2 minutes

By Tallulah Brettell, Legal Intern

A Statutory declaration is a formal statement of facts. Although it is not sworn, it is similar to statements made under oath in accordance with the Statutory Declarations Act 1835.


When will I require a Statutory Declaration ?

Here are some instances where you may require a Statutory Declaration:

  • You legally change your name or residency and need to update your documents such as driving licences and passports 
  • As a requirement by a financial institution to execute financial transfers to the legally entitled parties as stated by a Last Will and Testament. 
  • As a declaration of marital status or nationality 
  • To declare solvency when going into liquidation in a business.
  • To declare original statements as a part of patent applications.

     

Who can authenticate my Statutory Declaration?

As a statutory declaration needs to be truthful and accurate, a solicitor other than the one acting for you in a legal matter will address the Statutory Declaration when required. This is to make sure that the Declaration is legitimate on the grounds of being impartial, and it cannot be certified by a solicitor acting on your behalf. 

Therefore Statutory declarations need to be signed in the presence of someone with the authority to witness an oath, commonly a UK solicitor, notary public or anyone who is authorised by law to hear it.


What is the process to get a Statutory Declaration?

First, either you draft the Statutory Declaration or get it drafted by a Notary Public at an additional fee. Next, it must be notarised by a Notary Public in the UK. Some countries may require an apostille in addition to the notarisation of the Statutory Declaration. 

The apostille stamp confirms that the government has checked the identity of the person witnessing the Statutory Declaration after they have carried out their standard background checks. The apostille will also allow the overseas country to accept the declaration as a valid, signed document.

It is important to mention that failure to obtain this declaration may lead to rejection or delays.

Please note that some counties also require further legalisation at their Embassy within the UK.

READY FOR ASSISTANCE?

If you have any questions about our notary, apostille or consular services,
contact Woodcock Notary Public today.

Call us on 0800 049 2471 or email info@woodcocknotarypublic.com.

If you have any questions about our notary, apostille or consular services, contact Woodcock Notary Public today.

Call us on 0800 049 2471 or email info@woodcocknotarypublic.com.