A statutory declaration is a formal written statement that confirms a fact or set of facts as true, and it is made in the presence of an authorised witness. This essential legal document is commonly used in situations where sworn evidence is required, but a formal oath in court is not necessary.
Statutory declarations play an important role in various legal and administrative processes, including confirming identity, addressing financial matters, or verifying ownership claims.
What Is Statutory Declaration
A statutory declaration is a formal written statement of fact confirmed to be true in the presence of an authorised witness. It is commonly used in situations where an individual needs to declare something as truthful under the law, but it does not involve taking an oath. The person making the declaration, known as the declarant, must sign the document in front of an authorised professional, such as a solicitor, notary public, or justice of the peace, who witnesses the process.
Statutory declarations serve a required legal purpose, ensuring that important statements are formally acknowledged and can be relied upon in legal, administrative, or business settings. These declarations are typically used in scenarios such as confirming identity, providing proof of residency, resolving property disputes, or declaring a financial situation. For example, someone may need to make a statutory declaration when applying for a replacement passport, changing their name, or affirming ownership of assets.
What is a Statutory Declaration Form?
A statutory declaration form is a formal legal document used to declare that certain information or statements are true to the best knowledge of the declarant. This form serves as a written oath for situations where no other formal evidence is available, often used in legal, financial, or administrative contexts. While it is not sworn under oath in court, it carries significant legal weight, and providing false information can result in serious legal consequences, including penalties for perjury.
Key components of a statutory declaration form typically include:
Declarant’s Name and Statement: The full name of the person making the declaration (the declarant) and a clear, factual statement outlining what is being declared. This must be written concisely and truthfully.
Date and Location: The date and place where the declaration is signed must be indicated to provide context and traceability.
Witness Details: The form must be signed in the presence of an authorised witness, such as a solicitor, notary public, or justice of the peace.
The witness’s full name, qualification, and contact details must be included, along with their signature. When filling out a statutory declaration form, it is very important to make sure the information provided is accurate and complete. Avoid vague language, and double-check the spelling of names and details.
Who Can Witness a Statutory Declaration?
The following individuals are legally permitted to witness a statutory declaration:
Solicitors – Qualified legal professionals who are authorised to administer statutory declarations.
Notaries Public – Specialists in witnessing and certifying legal documents, including declarations for international use.
Justices of the Peace (JPs) – Officials empowered to witness statutory declarations and affidavits.
Commissioners for Oaths – Professionals specifically appointed to witness and verify oaths or declarations.
Licensed Legal Executives – Authorised legal practitioners in certain jurisdictions.
The Role of the Witness
The role of the witness is to verify that the declarant (the person making the declaration) has:
- Provided the statement voluntarily.
- Signed the declaration in their presence.
- Acknowledged that the information provided is true to the best of their knowledge and belief.
By acting as a witness, the authorised professional ensures the document meets legal requirements and prevents fraudulent claims.
The Process of Making a Statutory Declaration
Drafting the statement is the first step, where you must clearly and truthfully outline the facts you are declaring. The wording should be formal and include your full name, address, and the purpose of the declaration. Many people opt for a template or seek professional help to ensure accuracy.
Next, you need to find an authorised witness. This could be a solicitor, notary public, justice of the peace, or another professional legally permitted to witness declarations. The witness is crucial in verifying your identity and ensuring the process follows legal requirements.
The final step is signing the form in the presence of the witness. You must not sign the document beforehand, as the signature must be witnessed in real time.
When & Why You Might Need a Statutory Declaration
Statutory declarations are often required when formal verification of facts is necessary, but an oath or affidavit isn’t applicable. One common example is name changes, where individuals must declare their new name for official records, such as passports or bank accounts. In property disputes, statutory declarations can confirm details like ownership, boundary agreements, or historical usage of land.
Similarly, they are used for financial affidavits, such as confirming income, assets, or debt for legal or administrative purposes. Businesses may also rely on statutory declarations to provide evidence in commercial matters, such as confirming compliance with regulations, confirming lost documents, or clarifying contractual obligations.
Contact MSC Notaries Today
At MSC Notaries, we specialise in assisting with statutory declarations, ensuring the process is smooth, accurate, and stress-free. Our team of qualified notaries offers professional, efficient, and reliable services, giving you complete peace of mind that your statutory declaration is legally compliant and properly witnessed. Whether you need guidance on completing a statutory declaration form or require an authorised witness, we’re here to help every step of the way.
Don’t leave this important legal document to chance. Contact MSC Notaries today to book an appointment and make sure your statutory declaration is handled with care.
Statutory Declaration FAQs
How much does it cost to make a statutory declaration?
The cost of witnessing and processing a statutory declaration varies depending on the service provider. At MSC Notaries, we offer competitive rates for you to have a look at. Contact us for a quote and more information today.
How long does it take to make a statutory declaration?
The process is usually quick and straightforward. With an authorised witness, it can often be completed in a single appointment, provided the declaration form is prepared in advance.
Can I make a statutory declaration online?
Depending on local regulations, statutory declarations can sometimes be completed and witnessed remotely via videoconferencing. However, many jurisdictions still require the declaration to be signed in person. At MSC Notaries, we can advise you on the most appropriate and legally compliant process for your situation.
