Understanding Statutory Declarations: A Comprehensive Guide for Clients

Statutory declarations are an essential part of legal and official processes in many situations. Whether you need to verify certain facts, affirm a statement, or comply with legal requirements, understanding statutory declarations is crucial. In this blog post, we’ll explore what a statutory declaration is, when it is needed, how it differs from other legal documents, and how a notary public can assist you in the process.

What is a Statutory Declaration?

A statutory declaration is a legal document that serves as a written statement of facts which the declarant swears to be true. Unlike an affidavit, which is typically used in court proceedings, a statutory declaration is generally used outside of court to affirm the truth of statements for various administrative or legal purposes.

When is a Statutory Declaration Needed?

Statutory declarations are used in a wide range of situations:

• Legal Name Changes: If you need to officially change your name, a statutory declaration is often required to affirm your identity and intention.

  
  

• Declarations of Marital Status: When applying for certain benefits, registering a marriage abroad, or dealing with inheritance matters, you may need to declare your marital status.

  
  

• Property Ownership Disputes: In cases where the ownership of property is in question, a statutory declaration may be necessary to assert ownership or resolve disputes.

  
  

• Proof of Identity: When documentation is missing or insufficient, a statutory declaration can serve as evidence of identity or other personal details.

  
  

• Insurance Claims: To support claims, especially in the absence of certain documents, insurers might require a statutory declaration to verify the facts surrounding a loss or event.

  
  

The Role of a Notary Public in Statutory Declarations

As a notary public, we play a vital role in the statutory declaration process. Our responsibilities include:

• Administering the Oath: We ensure that the declarant understands the seriousness of the declaration and administer the oath or affirmation that the contents of the declaration are true.

  
  

• Verifying Identity: We confirm the identity of the declarant to ensure that they are who they claim to be.

  
  

• Witnessing the Signature: We witness the signing of the statutory declaration, ensuring that it is done voluntarily and without coercion.

  
  

How to Make a Statutory Declaration

1. Prepare Your Document: Ensure your statutory declaration includes all necessary information, such as your name, address, and the facts you are declaring.

   
   

2. Reach out Notarial Services Canada: Schedule an appointment with us to witness your declaration. Present along valid identification documents.

   
   

3. Make the Declaration: You will swear or affirm that the contents of the declaration are true and sign the document.

   
   

4. Notarial Certification: Notarial Services Canada will sign the document certifying its validity.

   
   

5. Submit the Declaration: Once notarized, you can submit the statutory declaration to the relevant authority or use it as required.

   
   

Statutory declarations are an important part of many legal and administrative processes. As your trusted notary public, Notarial Services Canada are here to guide you through the process, ensuring that your statutory declarations are properly executed and legally binding.

For more information or to book an appointment, feel free to contact us today.