Witnessing Statutory Declarations

What is a Statutory Declaration?

A statutory declaration is a formal statement of fact, confirmed to be true in the presence of an authorised witness such as a solicitor, notary public, or Commissioner for Oaths. It is used in a variety of legal, administrative, and personal matters where a written declaration needs to be legally recognised.

Unlike an affidavit, a statutory declaration is not sworn on oath, but instead declared to be true under the Statutory Declarations Act 1835. It carries legal weight and is accepted by courts, government bodies, and private organisations across the UK.

Typical uses include:

• Declaring a change of name, nationality, or marital status.
  
• Confirming identity or ownership of assets.
  
• Making statements required for property transactions or lost documents.
  
• Providing evidence for HMRC, DVLA, universities, or financial institutions.
  
• Supporting visa, immigration, or pension claims.
  

What “Witnessing a Statutory Declaration” Means

To be legally valid, a statutory declaration must be witnessed by an authorised professional who ensures that:

• The person signing (the declarant) is who they say they are.
  
• The declarant understands the contents of the declaration and is signing voluntarily.
  
• The document follows the correct format prescribed by law.
  
• The declaration is signed and dated in front of the witness, who then signs and includes their professional details.
  

At Jonathan Lea Network, our solicitors regularly act as authorised witnesses for statutory declarations. We make sure that the process is carried out correctly, that you understand what you are signing, and that the document meets legal standards.

Preparing for Your Appointment – The Crucial Step Many Miss

A key professional principle when witnessing statutory declarations is preparation. To ensure a smooth appointment and to protect your time (and the client’s money), you must always ask the client to email you the document in advance of the meeting.

Too often, clients arrive with documents that are:

• Incorrect or incomplete – they may be missing key wording, signature blocks, or the prescribed declaration clause.
  
• Not actually a statutory declaration – sometimes it is an affidavit, witness statement, or certificate that requires a notary or a solicitor’s certification instead.
  
• Drafted for a different jurisdiction – overseas statutory declarations or embassy forms often require specific language or notarisation.
  
• In need of legal advice or redrafting – but you cannot provide that advice and act as the witness.
  

By reviewing the document ahead of time, you can confirm that:

1. It truly is a statutory declaration.
   
2. You are the correct type of authorised person to witness it.
   
3. It contains the necessary statutory wording.
   
4. There are no drafting or jurisdictional issues that would prevent you from witnessing it.
   

This step protects you professionally and ensures the client’s appointment is productive. It also avoids wasted time and awkward situations where the document cannot be witnessed — and the client cannot be charged.

Important Legal Boundaries for Solicitors

When witnessing statutory declarations, solicitors must strictly observe the following professional boundaries:

1. Do not edit or amend the statutory declaration: You cannot make any changes to the text of the declaration, even minor ones. If there is an error, missing section, or incorrect wording, you must not alter or “fix” it.
Instead, explain the issue to the client and advise them to return with a corrected version prepared by whoever drafted it.

If you amend or contribute to the drafting, you become both author and administrator, which breaches professional rules and invalidates the declaration.

2. Do not prepare or draft the statutory declaration for the same client: If you are the solicitor drafting the declaration, you cannot also act as the witness. These are separate roles under the Statutory Declarations Act 1835.
You can either:

• Draft the declaration for the client and send them to another solicitor to witness it; or
  
• Witness it if it was drafted independently elsewhere.
  

3. You are not providing legal advice when witnessing: Your role as witness is purely administrative. If the client requests advice about what the declaration means or whether it is appropriate, you must advise them that this would be a separate matter requiring a separate appointment and retainer.

4. You must confirm identity: Always check valid photo ID (passport or driving licence) and, if necessary, proof of address before witnessing. Record in your notes that ID was seen and verified.

5. Ensure correct wording and signing procedure: The declaration must contain the following wording (or equivalent):

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

Both declarant and witness must sign, and the witness should include their full name, qualification, and address.

How Jonathan Lea Network Manages Statutory Declaration Appointments

1. Initial contact and document review
   We ask clients to send us their draft declaration by email in advance. Our team checks whether it is properly formatted and confirm whether we can witness it or if it requires notarial or other specialist attention.
   
2. Booking the appointment
   Once confirmed, we arrange a suitable time for the in-person meeting. Witnessing must always take place in person, not remotely, to comply with legal formalities.
   
3. Verification and witnessing
   The declarant brings valid ID. The solicitor reads the declaration aloud if needed, ensures the client understands, and then both sign in each other’s presence.
   
4. Issuing the witnessed declaration
   The document is returned immediately to the client. We do not keep a copy unless necessary for internal record-keeping.
   
5. Payment and certification
   Fees are confirmed in advance. We offer transparent fixed fees depending on the complexity of the document and any urgency.
   

Why Clients and Professionals Choose Jonathan Lea Network

• Experience and efficiency: Our solicitors regularly witness statutory declarations for a wide range of purposes, including property transactions, academic records, HMRC statements, visa and pension forms.
  
• Advance checking to save time: We review documents before appointments, preventing wasted meetings and unbillable time.
  
• Clear boundaries and compliance: Our team is trained in the legal limits of statutory declaration witnessing, ensuring everything is done correctly.
  
• Value for money: Fixed, upfront fees and transparent guidance.
  
• Friendly, professional service: Clients receive clear communication, efficient scheduling, and support from an experienced legal team.
  

Common Mistakes to Avoid

• Turning up without emailing the document first.
  
• Bringing the wrong form (for example, an affidavit or notarial certificate).
  
• Requesting legal advice during a witnessing appointment.
  
• Forgetting valid ID.
  
• Asking the same solicitor to both draft and witness the declaration.
  

These mistakes often cause frustration and delay — or even invalidate the declaration. With Jonathan Lea Network, we prevent those issues before they arise.

Call: 01444 708 640 

Email: wewillhelp@jonathanlea.net

Or book an appointment via our website

Frequently Asked Questions (FAQs)

Get Your Statutory Declaration Witnessed Correctly and Without Delay

If you need a statutory declaration witnessed properly and efficiently, contact Jonathan Lea Network today. Our experienced solicitors will review your document in advance, ensure compliance with legal formalities, and complete the witnessing quickly and professionally.
Send us your draft now, and we’ll confirm what’s needed before you come in.