Statutory Declarations
A statutory declaration is a formal statement made affirming that something is true to the best knowledge of the person making the declaration. It has to be signed in the presence of a solicitor, commissioner for oaths or notary public.
Statutory declarations are generally used to satisfy a legal requirement or regulation when no other such evidence is available.
Statutory declarations need to be completely truthful and accurate so a solicitor other than the one acting for you in a legal matter will deal with the statutory declaration to ensure that it is valid on the grounds of being impartial.
When statutory declarations are used?
Examples of when statutory declarations are used are as follows:
- By people who wish to change their name as a method of legally adopting their new name so they can use it on documents such as passports and driving licences
- By financial institutions to transfer money to people legally entitled to deal with the estate of a person who has died, such as executors of a will
- Declarations of identity, nationality or marital status when documentary evidence is unavailable
- By company directors declaring solvency when going into voluntary liquidation
- Affirming the provenance and nature of goods for export or import
- Declaration statements of originality of an item as part of a patent application.
Completing a Statutory Declaration
A statutory declaration is a legal document that is governed by the Statutory Declarations Act 1835. All statutory declarations must contain the following wording:
“I (name) do solemnly and sincerely declare, that/as follows.. .. .. .. and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act 1835.”
As a statutory declaration it needs to be completely truthful and accurate.
Execution of a Statutory Declaration
If an individual is completing a statutory declaration, then the document must be signed in the presence of a solicitor. At Maroof Solicitors, we are legally qualified to make such a declaration for you and guide you on its use. Please contact us for further information or book an appointment using our enquiry form.
On your appointment with us please bring the following with you:
- A current valid signed passport Or
- Photo card driving license
AND
- A utility bill as proof as your address (not older than 3 months) Or
- A recent bank statement (not older than 3 months)
All relevant documents must INCLUDE an English translation of any document which is in a foreign language.