What are Statutory Declarations, and How Much Does a Statutory Declaration Cost?
Posted on 14th February 2024
A statutory declaration is a legal document that allows an individual (the declarant) to affirm the truthfulness of certain facts contained within a statement, supported by a sworn statement to prove the contents. It’s used in situations where no other evidence is available to confirm details required by law or regulations. Statutory declarations are commonly used for matters such as proving identity, ownership, or marital status, among others. In this blog, our Solicitors in Lytham delve into what statutory declarations are, their associated costs, and who is authorised to swear them.
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What is a Statutory Declaration?
A statutory declaration is a formal statement made affirming that something is true to the best knowledge of the person making the declaration. Unlike affidavits, which are used in court proceedings, statutory declarations are typically used outside of court for administrative or regulatory purposes. They must be made voluntarily and without coercion.
Costs of Swearing or Preparing a Statutory Declaration
The costs associated with statutory declarations can vary depending on several factors, including the complexity of the declaration, the professional fees of the authorised person preparing or witnessing the declaration, and your location.
Swearing Costs
The fee for having a statutory declaration sworn is relatively nominal. In Lytham, for example, the standard fee for swearing a document is usually around £5 per document, plus an additional £2 for each attachment that forms part of the declaration. However, fees can vary, so it’s essential to check the current rates with the organisation facilitating the swear. Our Solicitors in Lytham, for example, charge the usual fee of £5.00 per swear, plus an additional £2 per exhibit to the swear.
Preparation Costs
If you require professional assistance to draft a statutory declaration, additional costs will apply. Solicitors or notaries public may charge for their time on an hourly basis or offer a fixed fee for preparing the document. These fees can vary widely based on the complexity of the declaration and the professional’s rates. It’s advisable to obtain quotes from several providers to understand the potential costs better. Our Solicitors in Lytham often assist with the preparation of statutory declarations relating to Conveyancing and Probate matters.
Who Can Swear a Statutory Declaration?
The individuals authorised to witness or swear a statutory declaration differ by jurisdiction, but in England and Wales, these people include:
Notary Public:
A notary public can administer oaths and affirmations, making them authorized to swear statutory declarations.
Solicitor:
Solicitors with a valid practicing certificate can witness the signing of statutory declarations.
Commissioner for Oaths:
Appointed to administer oaths and affirmations, commissioners for oaths can witness statutory declarations. Solicitors are Commissioners of Oaths, but this also includes Legal Executives, regulated by CILEx.
Statutory declarations are a vital legal tool for affirming the truth of statements outside of court settings. Understanding the process, associated costs, and identifying the right authorised individual to swear the declaration is essential for ensuring the document’s validity and acceptance for its intended purpose.
Whether you are confirming personal details for regulatory requirements or providing evidence for administrative processes, knowing how to deal with statutory declarations can save you time and ensure compliance with legal obligations. Always consult a legal professional, such as our Solicitors in Lytham, if you are unsure about the process or need assistance in preparing your statutory declaration. Contact our team on 01253 202452 or email enquiries@mglegal.co.uk.
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