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 a 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 ones name, where one would legally declare that they renounce their 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.
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 declarations 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 If you think you need a statutory declaration please contact us.