What is a statutory letter of declaration and? Who may witness statutory declarations? Can I use a statutory declaration? For example, they may be called a notary or a public notary.
Before using a notary public overseas, you should check the person has been appointed by a government to witness documents.
These declarations are used primarily in the UK and in British Commonwealth countries, such as Australia and New Zealand. A statutory declaration is a legally recognised written statement that the person making the statutory declaration (the declarant) promises is truthful. It is witnessed by a person who is authorised by legislation to witness statutory declarations.
This includes government employees, accountants, religious ministers, medical professionals and bank officers who meet the criteria. Schedule – Authorised witnesses for statutory declarations. Acknowledgement of Country. The Government of Western Australia acknowledges the traditional custodians throughout Western Australia and their continuing connection to the lan waters and community.
You can be charged with a criminal offence if the information is false.
There are types of statutory declarations (or stat decs) — Commonwealth and state and territory statutory declarations. We only give information about Commonwealth statutory declarations. A few common examples of instances that may require a statutory declaration include: 1. To declare your identity, nationality, or marital status. To transfer an asset to an executor of a will. To confirm a document is an exact copy of an original one.
See full list on waferphillipssolicitors. For the declaration to be valid it must have been witnessed and signed by one of the following: 1. 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. 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. In most cases, witnesses authorised in their profession, but employed in a temporary or casual capacity will be permitted to witness statutory declarations. Any exceptions to this are noted accordingly in the above list of authorised statutory declarations witnesses , for example, teachers are only authorised if employed on a permanent basis.
When you sign a statutory declaration , you are declaring that the statements in it are true. Statutory declarations during COVID-19. In certain circumstances and on certain other types of documents, a statutory declaration must be used instead to verify the contents. This practice note looks at what is involved in preparing the relevant documents and administering oaths, affirmations and statutory declarations. It also includes a short section on certified copies.
In this this module we explain the types of statutory declarations you maybe asked to witness and debunk some common myths surrounding these documents. Justice of the Peace and permanent employee of a State authority with or more. Affidavits need to be verified by oath or by solemn affirmation.
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