Statutory declaration template with examples

What is a statutory declaration?

A statutory declaration (sometimes abbreviated to stat dec) is a written statement that something is true to the best knowledge of the person making it.

To make sure that a statutory declaration is made by the person recorded as doing so, there is a legal requirement that the document is signed in front of an authorised witness: a solicitor, commissioner for oaths or notary public. Effectively, that person attests that they have identified the maker and seen them sign their name.

Lawyers often refer loosely to an oath or swearing. Oaths are occasionally required, but more often than not, they mean a notarised declaration which is declared not sworn. When you make a statutory declaration you don't swear it. You simply declare it.

Statutory declarations are governed by the Statutory Declarations Act 1835. By law they must contain certain wording that frames the statement of truth being made.

When to use this document

Statutory declarations are made when there is a legal requirement to use one or when there is no better evidence available as to the fact that is declared.

By definition, a statutory declaration tells a unique story about your circumstances. As such, there can be no template that provides the precise wording applicable to your own situation.

This 'document' is actually three different example statutory declarations. From the example text given, you will have some idea how to frame your own story.

In particular, examples and advice are given on the opening and closing words.

The three examples given relate to:

• the validity of a document in a litigation matter
• the position of a disputed boundary in a garden
• lost title deeds

Other uses

Other common situations in which statutory declarations are used include the following. Although our templates do not cover these uses, we can provide the wording on request.

You can declare that you have changed your name and that you would like other people to use it. However, in most cases using a deed of change of name is easier because it does not have to be notarised. You can make a deed poll without needing any special witness.

Some financial institutions will only transfer money to the executors of a Will or administrators of a deceased person's estate if they make a statutory declaration that they have authority to administer that estate. However, a copy of the grant of probate (or letters of administration) is usually better evidence to provide.

You can declare something about yourself that otherwise can't easily be proven, such as your nationality or marital status if you were born in a country that never issued you with a birth certificate or marriage certificate.

Company directors can declare that a company that is going into voluntary liquidation is solvent.

The origin, ownership and nature of assets (including goods for import or export and intellectual property) can be declared.