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Wafer Phillips is a specialist accident solicitors based in Croxteth. We can assist with a range of claims, from road or work accident to clinical or medical negligence. Let us help you.

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Email: enquiries@waferphillips.co.uk

What is a statutory declaration?

There may come a moment in everyone’s when they need a statutory declaration or want to know more about how to make one.

For those wondering ‘What is a statutory declaration?’, it is important to explain the reasons why you may require one and how to obtain it.

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What is a statutory declaration?

Simply put, a statutory declaration is a formal written statement created to affirm that something is true to the best knowledge of the Declarant. It is governed by the Statutory Declarations Act 1835, and can be used for several purposes.

When is a statutory declaration needed?

There are numerous circumstances when a statutory declaration is needed.  For example, if there is no evidence to prove that something is true, a statutory declaration will be relied upon to replace documents. This can apply to situations like someone trying to prove their marital status without a marriage certificate.Another instance where a statutory declaration can be used is when someone is changing their name. This is so the new name can be used officially on identification documents like passports and driving licenses. Not only that, institutions such as banks may require a statutory declaration to authorise assets to be transferred to the executors of a will or for individuals who are entitled to deal with the estate of a deceased person.  In situations where the provenance and nature of goods that are being imported and exported need to be confirmed, a statutory declaration may also need to be made. Additionally, a statutory declaration may be demanded in insolvency cases where company directors need to declare insolvency during a voluntary liquidation process. In cases where someone is applying for a patent, a statutory declaration can also be used as a part of the process.

Why are statutory declarations important?

When there are extenuating circumstances during which people cannot prove that something is true, statutory declarations can be incredibly important.  Given they can be used as evidence, this type of legal document adds credibility to someone’s statements and can assist them in the absence of other documentary proof. Whether you need to confirm facts for personal reasons, financial matters, health-related affairs or to collect evidence for sick leave, a statutory declaration acts as a valid form of evidence.  It is widely accepted because it adheres to relevant legal requirements for confirming that something is true.

How to get a statutory declaration

There are certain rules that apply when trying to obtain a statutory declaration. Of course, it is possible to draft a statutory declaration yourself by downloading a form online and completing it appropriately. This will require the person who is making the declaration to sign it. It is also possible to get a statutory declaration from a lawyer who has been appointed a Commissioner for Oaths. According to the Statutory Declarations Act 1835, a statutory declaration should be made before anyone who is authorised by law to administer oaths. Solicitors in England and Wales fall into this classification because they possess a practising certificate, and have the same authority as a commissioner for oaths for the purposes of affirming a statutory declaration. It is important to note that it is not the responsibility of the individual who is observing the statutory declaration to research whether the statement being made is the truth. They are simply in charge of confirming that they have heard the declaration being made by a person and then confirming as much. Is it crucial to note also that when a statutory declaration is made, it is kept separate from what it is needed for. For example, if you have appointed a solicitor to work on a case that is relevant to your statutory declaration, they won’t be allowed to witness for declaration for legal reasons. This is because they need to operate at a distance from the case and be able to give an unbiased statement. If you did use the same solicitor to complete both jobs, the statutory declaration would be invalid and could not be used as evidence. Because statutory declarations can be obtained with the help of solicitors, it is essential to emphasise the importance of their role. As all statutory declarations comply with a set structure and contain precise wording, it is important to reach out and acquire help to do it right.

Obtaining a statutory declaration from Wafer Phillips

By reaching out to a qualified solicitor like those at Wafer Phillips Solicitors, you can avoid making the document invalid by deviating from the prescribed format. Getting help from a solicitor is not only advised, but necessary when it comes to statutory declarations because there are certain parts left blank for them to complete. If you need to confirm facts and find yourself in a hopeless situation where you have no evidence, Wafer Phillips can help. Whether you need advice about making a statutory declaration or require someone to oversee the process, we are ready and waiting with a helping hand. With an impressive record and an extensive catalogue of knowledge, advice and support, we are always keen to guide you through the process of navigating statutory declarations. You can either contract us via telephone on 0151 256 7898 or by email to find out more about how to get started with your statutory declaration.

What is a statutory declaration?

When a person needs to assert that certain facts are true, they will make a statutory declaration which is a written statement of fact that the statement they are making is true to the best of their knowledge. Governed by the Statutory Declarations Act 1835, a statutory declaration is similar to an affidavit, but it has a much broader application than the latter. Where an affidavit is a statement that is filed at court the statutory declaration can be used for a number of purposes. It also differs in that you do not swear a statutory declaration nor is a religious text needed.

When do you need a statutory declaration?

  1. When there are no documents to prove something is true

The statutory declaration is a way to get around the fact that specific documentary evidence is not available. For example, it might be that a person is unable to prove their national identity, or whether or not they are married.

  1. If you’re changing your name

The statutory declaration is also used in the UK as a way people can adopt a new name so it can be used legitimately on documents such as passports and driving licences.

  1. When dealing with a will

Banks and other financial institutions may need a statutory declaration to enable a relatively low value asset to be transferred to the executors of a will, or others who are entitled to deal with the estate of a deceased person.

  1. In insolvency cases

Company directors might use a statutory declaration to declare insolvency during a voluntary liquidation process.

  1. When importing or exporting

A statutory declaration may be made to affirm the provenance and nature of goods to be imported and exported.

  1. If applying for a patent

Such statements, affirming originality, are also used as part of a patent application.

Who can make a statutory declaration?

Under the Statutory Declarations Act 1835 a statutory declaration can be made before anyone who is authorised by law to administer oaths. Solicitors in England and Wales holding a current practising certificate have the same powers as a commissioner for oaths for the purpose of certifying a statutory declaration, and in most cases it will be a solicitor who will be used to witness the signing of the declaration but it could also be a justice of the peace. In the armed forces someone of the rank of major and above, or the equivalent can also authenticate a statutory declaration as can British diplomatic and consular officers posted abroad.

It must be stressed that it is not up to the person making the statutory declaration to investigate whether the statement being made is the truth. Their role is to affirm that they have listened to the declaration being made by a person and then certifying the fact. If it does turn out to be untrue then the person making the declaration could be prosecuted for perjury.

Also statutory declarations need to be made independently from the thing they are needed for. This means that if your solicitor is working on your insolvency case, or on a will you’re involved in then they can’t witness your declaration. If they are not an impartial authorised person the declaration would result in being invalid.

Find out more about who can sign a statutory declaration here.

How do you write a statutory declaration?

Section 20 of the 1835 Act prescribes that the wording of the statutory declaration to be given is set out in the schedule to that Act.

This means that all statutory declarations follow a set structure and contain very specific wording. If it doesn’t follow the prescribed format the document will be invalid.

  • the declarator’s full name and address
  • a statement that they “do solemnly and sincerely declare”
  • a statement that the things they say are true.

The form of the statutory declaration is prescribed in the schedule to the Act:

“I (full name), do solemnly and sincerely declare that the contents of this declaration are true. And I make this declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.”

Declared by [full name required here]

At… (this is left blank for solicitor/commissioner/notary public etc to insert address)

On this [day] of [month] 2021

Before me……(this is also left blank for solicitor/commissioner/notary public etc to sign)

Qualification of witness authorised to administer oaths… (and again left blank for solicitor/commissioner/notary public etc to complete).

If a statutory declaration is received where this wording is not included, it will not usually be treated as an acceptable statement of fact for the purpose for which it was intended.

A standard form is used for a statutory declaration; one copy will be given to the applicant and the other is held on file.

How much does a statutory declaration cost?

You can find a statutory declaration form as a template provided by government departments which can be downloaded from the relevant websites such as, https://www.gov.uk/government/publications/statutory-declarations 

It will provide all the instructions you need to fill it in in the correct manner and you can print it by hand or complete it online.

Section 19 of the 1835 Act advises that the fee for administering a statutory declaration is due and payable once the declaration has been made. Basically, you pay the solicitor or person authorised to authenticate the declaration straight away.

The cost of a statutory declaration should be just £5, with an additional £2 for each of any exhibits that may be included.

Finally…

Do you need to know more about making a statutory declaration? At Wafer Phillips we are always here to help. You can find more information by heading to our statutory declarations page or get in touch with us today.

The 10 main causes of road accidents

Last year a total of 27,820 people was killed or seriously injured in the UK as the result of a road accident.

The number of casualties was 157,630.

Those figures are increasing too for several reasons, including drivers being distracted by using a mobile phone, speeding and fatigue.

Here we will discuss the 10 main causes of road accidents in the UK to help you better understand what signs to be aware of when driving.

Distracted drivers

The number of accidents caused by distracted drivers is rising because they are failing to focus solely on the road, the vehicles around them and pedestrians. They could be using a mobile phone, eating, drinking, talking to another passenger or applying makeup at the wheel.

Drunk drivers

On average 666 people die in drink-driving accidents in the UK each year. When drivers have consumed more alcohol than the legal limit their judgment, perception and reaction times are dramatically impaired. With a reduced awareness of their surroundings and speed, it is not difficult to understand why incidents occur.

 Drink Driving

Speeding

Another major cause of road accidents is speeding, with a massive 5,102 speeding-related accidents reported in 2018. Many drivers find themselves late for work, in a rush or simply ignoring local speed limits, making it an increasingly common reason for incidents happening.

Weather

It’s impossible to control the weather, and we can’t always avoid driving in the rain. However, roads can quickly become treacherous after a downpour and should be avoided, particularly when the surface is slippery and visibility low. Around 7,327 accidents were reported as a result of slippery road surfaces last year and a further 6,468 were explained by drivers travelling too fast for the conditions.

Night driving

Drivers often struggle with reduced visibility at night, particularly if there isn’t enough illumination from streetlights or they fail to use headlights. Several road accidents every year can be attributed to night driving which is why it is always important to use your car’s headlights and be extra vigilant when it gets dark.

Driving in the dusk

Failure to look

Shockingly, more than a third of all UK road accidents are as a result of drivers failing to look properly. Last year there was a total of 42,189 recorded instances. Drivers tend to take the same route to work every day, which means they can become complacent and concentrate less. It takes only a split second to cause an accident, which is why staying alert while behind the wheel is so important.

Losing control

Losing control of your vehicle can be a frightening experience for any driver. It could be as a result of dangerous weather conditions, driving too fast when approaching a bend or a tyre bursting. It is important not to take risks, whether that’s adapting to weather conditions or driving in extreme weather. The figure for accidents caused by drivers losing control of a vehicle was 12,151 last year.

Tailgating

Ensuring you maintain a large enough stopping distance between vehicles is crucial to staying safe on the road.  You should always be at least two seconds behind the vehicle in front, and double that figure in bad weather with poor visibility. A reported six from every 10 drivers admit to risky tailgating, making it another common cause of accidents.

Fatigue

Did you know that one in eight drivers admit to falling asleep at the wheel? And almost two fifths say they have been so tired they have been scared they would drop off while driving. Traditionally, people associated tiredness while driving with being on the road at night, but fatigue can affect people at all times of the day, most notably when driving to and from work. It is important to notice when you are too tired to drive and pull over as soon as it is safe to do so.

The number of road accidents and injuries is increasing annually, caused by a wide range of factors.

More than ever, drivers must be alert and aware of their surroundings while on the road.

At Wafer Phillips have more than 25 years’ experience dealing with personal injury claims following a road traffic accident.

For free, confidential advice, talk to a member of our friendly and professional team by calling 0151 256 7898 or send an email to enquiries@waferphillips.co.uk

Who can sign a statutory declaration?

Your statutory declaration may be declared invalid and unenforceable if it has not been signed and witnessed by an appropriate person.

A statutory declaration is a legal document confirming that something is true to the best of the knowledge of the person making it.

For a declaration to be valid, the information within it should be true, accurate and impartial.

When may a statutory declaration be required?

Statutory declarations are usually used to satisfy a legal requirement in instances where there is no other evidence available to confirm that something is true.

A few common examples of instances that may require a statutory declaration include:

  • To declare your identity, nationality, or marital status.
  • To declare the originality of an item when applying for a patent.
  • To declare the solvency of a company.
  • To declare items for import or export.
  • To transfer an asset to an executor of a will.
  • To confirm a document is an exact copy of an original one.

Who can sign the statutory declaration?

A statutory declaration must be signed by two people; the person making the declaration, and the person witnessing them sign the declaration.

Who can witness the signature?

For the declaration to be valid it must have been witnessed and signed by one of the following:

  • A solicitor.
  • A Commissioner for Oaths – a person authorised to verify legal documents, like statutory declarations, by the Chief Justice.
  • A Notary Public – a lawyer who specialises in the authentication of legal documents internationally.

If you are using a solicitor to witness your signature, then they must be impartial, it cannot be the same solicitor as the one acting for you in a legal matter.

For impartiality, it is important that the person acting as witness is not related to or known socially by you, this could lead the court to question the enforceability of the document.

Failing to have your signature witnessed by an appropriate person will result in your declaration being declared invalid and unenforceable.

Creating a statutory declaration

Statutory declarations are governed by the Statutory Declarations Act 1835 and must all follow a set structure and contain very specific wording.

Statutory Declarations from Wafer Phillips

Our team of solicitors here at Wafer Phillips can either help you with the preparation of your statutory declaration, or the witnessing and signing of your declaration.

Please note that we can only help with one or the other, to ensure that your declaration is impartial. If we help you to prepare your declaration, then we can also assist you in finding a suitable person to witness your signature if you require us to do so.

For further help and advice with statutory declarations, or to book an appointment with us, get in touch with our team of solicitors by giving us a call on 0151 256 7898.

Wafer Phillips Solicitors