Q&As

What is the process for the execution of a statutory declaration under a power of attorney?

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Published on LexisPSL on 22/12/2020

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • What is the process for the execution of a statutory declaration under a power of attorney?

A statutory declaration allows an individual to make a legal declaration confirming that something is true for the purposes of satisfying some legal requirement or regulation when no other evidence is available.

The standard form of a statutory declaration is as follows:

‘I, AB, of...do solemnly and sincerely declare that...and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act 1835.’

See section 20 and Schedule to the Statutory Declarations Act 1835.

Apart from the prescribed formal commencement and ending, the body of the declaration is susceptible to infinite variation depending on the facts to be proved. Generally speaking, a statutory declaration requires personal knowledge of the facts being declared by the signatory.

Unfortunately, we have been unable to find any commentary or precedent execution clause for an attorney executing a statutory declaration.

In some instances, where proof is required by statute or statutory instrument to be given by means of a statutory declaration, the form of the declaration is prescribed. It is therefore important to che

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