You may, at some point in life, be required to swear a statutory declaration and here we look at the why, where and how you go about this.
Why might I need a statutory declaration?
You can be required to swear a statutory declaration for a multitude of reasons and may even be required if you are not engaged in any legal negotiations at the time – such as if you need a replacement degree certificate from your University.
More “legal” reasons why you may need to provide a statutory declaration include if you are selling a property with compromised access and have been asked to formally assert that you have accessed the property over a third parties land for a prolonged period of time without issue, or if you are a tenant entering into a commercial lease which is outside of the Landlord and Tenant Act 1954. The purpose of a statutory declaration in the instance of the former is so that your position could be formally relied upon in court if there was ever an issue with the access, and for the latter to confirm that you understand the consequences of entering into the lease and cannot later dispute this.
Where do I swear the declaration?
It is a requirement of swearing any statutory declaration that you do so in the presence of an independent witness. This means, in the case of any declaration being given for legal purposes that you cannot swear the declaration in the presence of your own solicitor (or anyone from their firm), or the solicitor for the other party, and must instead find an independent third solicitor.
Any solicitor local to you should be able to see you to swear the statutory declaration. It doesn’t take very long however you should ensure that you telephone to make an appointment to see a solicitor beforehand.
How do I swear the declaration?
The solicitor will ask you to sign the document which you are swearing and you will then be asked to repeat after the solicitor in order to confirm that the contents of the declaration are true.
What do I need to bring to my appointment?
You will need to ensure that you bring a copy of the declaration with you. You should ensure that where required, you have completed this, in advance of your appointment.
The solicitor will also charge you a fee of £5.00 for each document which you swear, with a further £2.00 due for each annexure, such as a plan, to the document. You should ensure that you have brought the exact amount required in cash to your appointment.
Finally, you will need to remember to bring your ID.
If you’re looking to have a statutory declaration witnessed and would like to arrange an appointment at one of Farleys’ offices in Blackburn, Shadsworth, Accrington, Burnley, Preston, Rawtenstall, or Manchester, please call us today on 0845 287 0939, get in touch by email, or use the online chat below.