Q&As

A lender has asked for a statutory declaration to confirm the use of a mortgaged property, and are refusing to accept a statement of truth. However, the client is infirm and getting to a commissioner for oaths is difficult. Is there any legislation that provides that a statement of truth is as good as a statutory declaration?

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Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 04/02/2020

The following Property Disputes Q&A Produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • A lender has asked for a statutory declaration to confirm the use of a mortgaged property, and are refusing to accept a statement of truth. However, the client is infirm and getting to a commissioner for oaths is difficult. Is there any legislation that provides that a statement of truth is as good as a statutory declaration?

Statutory declarations are provided for by the Statutory Declarations Act 1835 (SDA 1935). A statutory declaration is a solemn verification of fact made otherwise than for judicial proceedings.

SDA 1835, s 18 provides that a person may voluntarily make a statutory declaration in the form prescribed in the schedule to SDA 1835:

‘It shall and may be lawful for any justice of the peace, notary public, or other officer now by law authorized to administer an oath, to take and receive the declaration of any person voluntarily making the same before him in the form in the schedule to this Act annexed.’

There is no legislation which specifically compares the status of a statutory declaration with the status of an ordinary statement which is accompanied by a signed statement of truth. Ordinarily a statutory declaration would be used because it is required by a specific statute or statutory instrument. However statutory declarations are also used in circumstances where it has become a matter of practice that they be used. For example, prior to November 2008, it was the general practice of the Land Registry that evidence be provided by statutory declaration. Since that time, however, the Land Registry generally requires a statement o

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