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Statutory Declaration - Wikipedia
Statutory Declaration - Wikipedia
Statutory Declaration - Wikipedia
declaration
A statutory declaration is a legal document defined under the law of certain Commonwealth
nations and in the United States. It is similar to a statement made under oath, but it is not
sworn.
Statutory declarations are commonly used to allow a person to declare something to be true
for the purposes of satisfying some legal requirement or regulation when no other evidence
is available. They are thus similar to affidavits, which, however, are made on oath.
Australia
The states and territories of Australia each have their own laws regarding statutory
declarations.
Canada
In Canadian jurisdictions, statutory declarations are statements of facts written down and
attested to by the declarant before individuals who are authorized to administer oaths except
that they are normally used outside of court settings. They have the same effect in law as a
sworn statement or affidavit. In federal proceedings, the form is governed by the Canada
Evidence Act.[1] Similar provision is made by the various provinces for use in proceedings
within their respective jurisdictions.[2]
A person who makes a false declaration can be charged with perjury under the Criminal
Code.[3]
United States
Although the terminology statutory declaration is not used frequently in the United States,
unsworn declarations may invoke a statute that makes such a declaration the functional
equivalent of a sworn affidavit.[4]
United Kingdom
Statutory declarations can be used as a method of legally changing one's name.[5] They may
be used by UK financial institutions to enable an asset of a relatively small value (usually less
than £15,000) to be transferred to the executors of a will or other persons legally entitled to
deal with or benefit from the estate of a person who has died.
Under the Statutory Declarations Act 1835,[6] a declaration can be made before anyone who
is authorised by law to hear it (for example, a solicitor or legal executive),[7] or before any
justice of the peace. In addition, officers of the armed services with the equivalent rank of
major and above, and British diplomatic and consular officers in post abroad, may
authenticate a statutory declaration.[8]
The person who hears the declaration need not enquire into the truth of it. That person's
function is limited to hearing the declaration, and certifying that he or she has done so by
signing it. If the declaration turns out to be untrue, the defendant making it may be punished
for perjury.
The form of the statutory declaration is prescribed in the schedule[9] 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."[10]
A standard form is used for a statutory declaration; one copy will be given to the applicant
and the other is held on file.[11]
See also
Affidavit
Sworn declaration
References
4. 28 USC 1746 (federal statutory declaration). See also, e.g., 735 ILCS 5/1-109 (Illinois statutory
declaration)
10. Adult Court Book Bench, page 180. Judicial College, 2017
External links
Last edited 4 months ago by JJMC89 bot III