What is a statutory declaration and who can take one?
A written statement of fact, formally declared before an independent authorised person, used where there is no other evidence. What it is for, who can take one, what it costs, and how the position differs across the UK.
- Difficulty
- intermediate
- Time
- 9 min
- Read
- 4 min
- Safety
- caution
Short answer
You write the statement, then declare it in front of a solicitor, notary or other authorised person who is independent of the matter. It is used where a fact needs formal evidence and no document exists — a lost certificate, a name change on an enrolled deed poll, a declaration of parentage, or an identity confirmation. Expect a small statutory fee plus a fee for each exhibit; in practice charges vary, so ring ahead.
A statutory declaration sits between an ordinary written statement and an affidavit. It is not sworn on oath, but making a false one is a criminal offence, and that is precisely what gives it its weight: the organisation receiving it knows you were prepared to say it formally with a penalty attached. It is the standard answer whenever a process needs evidence of something that has left no paper trail.
Safety
Step by step
- Find out whether one is actually required.The organisation asking should say. Common uses are an enrolled deed poll, a declaration of parentage before registering a birth, evidence for a lost document, and confirming facts where records were destroyed.
- Use the form the organisation supplies if there is one.Many bodies publish their own template. Using it removes any argument about wording, and the wording matters more than in an ordinary letter.
- Write only what you know to be true.First person, numbered paragraphs, facts rather than opinion, and clear about what you know directly and what you were told. If a document is referred to, mark it as an exhibit and attach it.
- Use the standard concluding form.The conventional wording states that you make the declaration conscientiously believing it to be true and by virtue of the provisions of the Statutory Declarations Act 1835. Any solicitor will supply it.
- Do not sign it in advance.The declaration is made in front of the authorised person, who then completes the jurat recording the place and date. A pre-signed document defeats the point and will be rejected.
- England and Wales: take it to an authorised person.Administering oaths is a reserved legal activity, so a practising solicitor, a notary public or another authorised person can take it. Commissioners for oaths are also appointed for the purpose. They must not be interested in the matter themselves.
- Scotland: expect a notary and often an affidavit instead.Scottish solicitors are admitted as notaries public by the Court of Session, and the ordinary Scottish instrument is an affidavit sworn before a notary. A statutory declaration is competent in Scotland, but ask what the receiving body actually wants.
- Northern Ireland: any practising solicitor can take one.Solicitors holding a practising certificate in Northern Ireland have the powers of a commissioner for oaths automatically. The same independence rule applies, and the jurat must record the place and the date.
- Budget for the fee.A statutory fee is set by an old order at a small amount per declaration plus a smaller amount per exhibit. Actual charges vary between firms and some charge considerably more. Ask when you ring.
- Keep a copy.The original usually goes to whoever asked for it. Photograph or scan it first, with the completed jurat visible.
Tips
- Ask the receiving organisation for a template. Most have one and it removes the wording risk entirely.
- Ring ahead about the fee and about exhibits. Charges vary widely for a few minutes of work.
- Scan the completed declaration, jurat and all, before you hand it over.
Common mistakes
- Signing it before the appointment — The declaration is made in front of the authorised person. A pre-signed document is not a valid declaration and will be sent back.
- Attaching documents without marking them as exhibits — Exhibits have to be identified and endorsed. Loose attachments are not part of the declaration.
If it doesn't work
The declaration was rejected
Cause: Usually the jurat, a missing exhibit marking, or a pre-signed document — Fix: Ask what was wrong and redo it. The three recurring faults are signing before attending, failing to mark exhibits, and the person taking it not completing the place and date.
You cannot find anyone to take it cheaply
Cause: Firms set their own charges above the statutory fee — Fix: Ring several local firms and ask specifically for the charge to take a statutory declaration. The variation is large and the work takes minutes.
You are not sure of a fact you are asked to declare
Cause: The template asks for more certainty than you have — Fix: Say what you actually know and how you know it. A declaration that is accurate about the limits of your knowledge is far better than one that overstates it.
Questions people ask
Is it the same as an affidavit?
No. An affidavit is sworn on oath and is generally used in court proceedings. A statutory declaration is declared rather than sworn and is used outside proceedings, though the consequences of a false one are serious in both cases.
Can my own solicitor take it?
Not if they are acting for you in the matter the declaration concerns — the person taking it must not be interested in it. A different solicitor in a different firm is the safe answer.
Do I need one for a deed poll?
For an enrolled deed poll, which is a court process, yes — a statutory declaration is part of the application. An unenrolled deed poll, which most people use, does not require one.
What happens if I get a detail wrong by accident?
The offence requires knowledge that the statement is false. An honest mistake is not the same thing, but tell the receiving organisation as soon as you notice and make a corrected declaration if needed.