A statutory declaration is a formal statement of facts that is sworn to be true in the presence of an authorised witness. These declarations are commonly used in legal, business, and governmental matters to provide evidence or confirm information under oath. Understanding who can sign a statutory declaration and the process for doing so is essential for ensuring its validity.
At Blackstone Solicitors, we provide expert guidance on statutory declarations, assisting clients across England and Wales in preparing, signing, and submitting these legally binding statements.
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What Is a Statutory Declaration?
A statutory declaration is a legal document in which a person formally declares that certain statements are true. It is similar to an affidavit but is used in contexts outside court proceedings. Statutory declarations are governed by the Statutory Declarations Act 1835 and are legally binding. Making a false declaration can constitute perjury, which carries serious legal consequences.
Common uses of statutory declarations include:
- Confirming identity or personal information
- Verifying ownership of property or assets
- Declaring marital status or residency
- Providing evidence for probate applications
- Confirming business details or company compliance
Who Can Sign a Statutory Declaration?
In England and Wales, any person who is legally competent to make a declaration can sign a statutory declaration. This generally includes:
- Individuals of Legal Age
- The declarant must be an adult, typically over 18 years old, and capable of understanding the declaration.
- Persons with Mental Capacity
- The individual must have the mental capacity to comprehend the statement and its legal implications.
- Declarants Providing Truthful Information
- The declaration must be made honestly, as knowingly making a false statutory declaration is a criminal offence.
Importantly, the declarant does not need to be a solicitor or hold any special legal status. What matters is that the person can truthfully attest to the facts contained in the declaration.
Who Can Witness a Statutory Declaration?
While almost anyone can make a statutory declaration, it must be signed in the presence of an authorised witness to be legally valid. Authorised witnesses typically include:
- Solicitors
- Justices of the Peace
- Commissioners for Oaths
- Notaries Public
- Certain government officials (in specific circumstances)
The witness verifies the identity of the declarant, ensures that the declaration is made voluntarily, and signs to confirm that the formalities have been observed.
The Process for Signing a Statutory Declaration
Signing a statutory declaration involves several key steps:
- Preparing the Declaration
- The declarant must clearly state the facts to be affirmed.
- The declaration should be concise, accurate, and limited to matters the declarant has direct knowledge of.
- Identifying an Authorised Witness
- The declarant must arrange to meet an authorised witness.
- Witnesses must confirm their authority under the Statutory Declarations Act or applicable rules.
- Swearing or Affirming the Declaration
- The declarant signs the declaration in the presence of the witness.
- Some statutory declarations may require the declarant to swear an oath on a religious text, while others allow for a secular affirmation.
- Witness Signature
- The authorised witness signs the document, confirming that the declaration was properly executed.
- The witness may also provide their professional details, including name, address, and qualifications, as required.
- Filing or Submitting the Declaration
- Once signed and witnessed, the statutory declaration can be submitted to the relevant authority, organisation, or court.
- It becomes a legally binding statement of truth once executed correctly.
Key Considerations When Making a Statutory Declaration
- Accuracy and Honesty
A statutory declaration is a formal legal statement. Making false claims can result in prosecution for perjury, which carries severe penalties under English law.
- Legal Capacity
The declarant must be mentally competent and capable of understanding the legal consequences of signing the document.
- Authorised Witness Requirements
Choosing the correct witness is critical. A declaration signed in front of an unauthorised person may be deemed invalid.
- Scope of Declaration
Declarants should only include facts they know personally. Opinions or assumptions are not appropriate unless clearly stated as such.
- Record Keeping
Maintaining a copy of the signed statutory declaration is advisable for future reference, disputes, or legal matters.
When Are Statutory Declarations Required?
Statutory declarations are used in a wide range of legal, personal, and business contexts, including:
- Property and Estate Matters – Confirming ownership or entitlement during probate or conveyancing
- Identity Verification – Affirming personal details for legal, banking, or governmental purposes
- Business and Corporate Compliance – Declaring corporate information for registration or regulatory compliance
- Immigration and Travel – Certifying residency or supporting visa applications
- Court or Tribunal Submissions – Providing sworn statements outside formal courtroom proceedings
In each case, the declaration must be signed and witnessed in accordance with the law to be accepted.
How Blackstone Solicitors Can Assist
At Blackstone Solicitors, we provide comprehensive guidance on statutory declarations, helping clients across England and Wales:
- Determine whether a statutory declaration is required
- Draft clear and accurate declarations tailored to the client’s needs
- Identify and arrange meetings with authorised witnesses
- Ensure proper execution to guarantee legal validity
- Provide advice on the implications of signing and submitting the declaration
Our team ensures that statutory declarations are correctly prepared and executed, minimising the risk of legal challenges or invalidity.
Practical Tips for Declarants
- Check the Requirements – Ensure you understand when a statutory declaration is needed and what information must be included.
- Choose the Correct Witness – Confirm the person is authorised to witness statutory declarations under English law.
- Be Honest and Accurate – Only include facts you personally know to be true.
- Avoid Assumptions or Opinions – The declaration should reflect verifiable facts.
- Keep a Copy – Retain a signed copy for your records, particularly for legal or administrative purposes.
Final Thoughts
A statutory declaration is a powerful legal tool that allows individuals to formally declare facts under oath. In England and Wales, any competent adult can sign a statutory declaration, provided it is truthful and executed in the presence of an authorised witness.
At Blackstone Solicitors, we provide expert advice and practical support on all aspects of statutory declarations. Our solicitors assist clients in preparing, signing, and submitting legally valid declarations, ensuring compliance with the Statutory Declarations Act 1835 and related legal requirements. Whether for personal, business, or legal matters, we help you navigate the process with confidence and clarity.
How to Contact Our Solicitors
It is important for you to be well informed about the issues and possible implications of signing a statutory declaration. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our client engagement team today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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