Does a statutory declaration need to be stamped

Statutory declarations are usually used to satisfy a legal requirement in instances where there is no other evidence available to confirm that something is true. A few common examples of instances that may require a statutory declaration include: 1. To declare your identity, nationality, or marital status. To transfer an asset to an executor of a will.

To confirm a document is an exact copy of an original one. See full list on waferphillipssolicitors. For the declaration to be valid it must have been witnessed and signed by one of the following: 1. A Commissioner for Oaths – a person authorised to verify legal documents, like statutory declarations, by the Chief Justice. A Notary Public – a lawyer who specialises in the authentication of legal documents internationally.

If you are using a solicitor to witness your signature, then they must be impartial, it cannot be the same solicitor as the one acting for you in a legal matter. For impartiality, it is important that the person acting as witness is not related to or known socially by you, this could lead the court to question the enforceability of the document. Failing to have your signature witnessed by an appropriate person will result in your declaration being declared invalid and unenforceable. Our team of solicitors here at Wafer Phillips can either help you with the preparation of your statutory declaration , or the witnessing and signing of your declaration. Please note that we can only help with one or the other, to ensure that your declaration is impartial.

This is because the person orally declares that the signature is his or hers. However, the person must be present to give the oral declaration to you. Rubber stamp signatures must not be used. However, a rubber stamp of your name and qualification as a witness is acceptable. Can a statutory declaration be signed overseas?

What is statutory declaration and how can they be used? Is a statutory declaration invalid? How do you sign a statutory declaration? Prepare the statutory declaration but do not sign it before meeting with the witness.

You must make copies of each document and each certificate identifying the document as an exhibit and attach each document and its certificate to each other. Once a Statutory Declaration has been created and signe it is common practice that an Apostille stamp is issued to legalise and validate the document for use overseas. The Apostille stamp confirms to overseas authorities that the government has checked the identity of the person witnessing the Statutory Declaration after they have carried out their standard background checks.

I need to file a statutory declaration to receive my deposit back. I know the statutory declaration has a place for a witness stamp. If I submit the declaration signed by a solicitor but without the stamp will DPS reject it? A statutory declaration is a formal statement made affirming that something is true to the best knowledge of the person making the declaration. It has to be signed in the presence of a solicitor, commissioner for oaths or notary public.

Affidavits need to be verified by oath or by solemn affirmation. In certain circumstances and on certain other types of documents, a statutory declaration must be used instead to verify the contents. This practice note looks at what is involved in preparing the relevant documents and administering oaths, affirmations and statutory declarations. For example, proof of death to be used for land transfer when one of the grantor dies.

These types of declarations are made subject to the provisions of certain legislation. A deed of confirmation in relation to any trust deed for which a copy of the stamped deed cannot be produced. If an unstamped copy of the trust deed is available, you must attach a copy and explain how it was obtained. Who can certify a copy? This schedule provides a wide range.

Instant Downloa Mail Paper Copy or Hard Copy Delivery, Start and Order Now! Register and Subscri be now to work with legal documents online. The difference between an Affidavit and a Statutory Declaration has to do with where it is used. They will require the witness’s signature, and stamp if available. The signature fee (set in statute) should cost no more than £5.

You can find our handy guide on completing a Statutory Declaration form here. Where the statutory declaration contains a transaction: that is liable to stamp duty it must be marked by Revenue NSW that changes ownership, a Notice of Sale (NOS) form is required and that would normally result in a Conversion Action, a Statement of Title Particulars form is required. Australian law defines a statutory declaration as a written statement declared to be true in the presence of an authorised witness.

This is not the same list as those who can sign a passport application. Included in the full list of qualified persons is your solicitor. There are types of statutory declarations (or stat decs) — Commonwealth and state and territory statutory declarations.

We only give information about Commonwealth statutory declarations.