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?

The statement needs to be truthful and accurate. As a result, a solicitor other than the one acting for you will address the Statutory Declaration when required. This is to make sure that the Declaration is legitimate on the grounds of being impartial. 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. This is 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 document, 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.

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.