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20 Jan 2021

Don’t worry we won’t send you spam or share your email address with anyone. UK Statutory Declaration. My thanks to all who had dealings with my case and especially to Louise for the expediency with which she dealt with the case saving me many sleepless nights. Sometimes when you make a Statutory Declaration, the Court will simply accept that statutory declaration and send you on your way. This does not mean that the matter is over and done with. 4. Each case depends on its individual circumstances and if this has happened to you then you will need urgent specific advice relevant to the facts of your case so that your statutory declaration is presented correctly. 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. From my initial contact through the web site, the call back was very, very fast, and the conversation put you in no doubt you were in safe hands. You can either pay a Solicitor to draft your Declaration or create your own using the sample text below. This guidance is used by HM Passport Office staff. In certain circumstances and on certain other types of documents, a statutory declaration must be used instead to verify the contents. into a statutory declaration. To confirm a do… £2 for each exhibit to a statutory declaration. Sometimes you need an independent solicitor simply to witness your signature to an oath or a declaration or to certify a photocopy. This must be witnessed by a Solicitor, a Commissioner for Oaths or a Magistrate. A statutory declaration; A deed poll; If you get a statutory declaration, it is legal proof that you have undertaken a name change. If the Court adopts this approach, then your case will simply be adjourned to a new date for you to attend for trial. A statutory declaration must be witnessed by a solicitor (but not the person who prepared your statutory declaration) or a Justice of the Peace (JP) and be signed by you using your new name. Therefore the Prosecution are allowed to instigate fresh motoring offence proceedings even though it is more than 6 months from the original offence. A Statutory Declaration is similar to an Affidavit as it is also a written statement of facts that a person voluntarily signs under oath. See All Frequently Asked Question Offence Categories Here. Having Googled for a solicitor who had expertise in the area of my alleged offence I found your firm and I have to say it I am so glad I contacted you. When you make a Statutory Declaration, the limitation period (in road traffic offences is normally 6 months) disappears. If you are uncomfortable modifying the templates, or simply do not want to take the time, Red Seal Notary staff can draft your declaration for you. If it isn’t witnessed, we can’t accept it and will send it back to you, meaning the process will take longer. To transfer an asset to an executor of a will. Free Practical Law trial. Making a Statutory Declaration sets aside the conviction. All statutory declarations must contain the following wording. To make a statutory declaration, download and complete the statutory declaration form below. Why So Much Free Information – What’s The Catch? If you make one within 21 days of becoming aware of the fact that there are either ongoing proceedings, or you have been convicted of an offence without your knowledge, then the original proceedings or a stage in the proceedings is deemed void. The contact with the secretaries was fast and efficient. Please contact the cemeteries office to discuss the Statutory Declaration. We use cookies to collect information about how you use GOV.UK. This file may not be suitable for users of assistive technology. The Statutory Declaration form. A Statutory Declaration in the United Kingdom is a legal method of changing a persons name. The Court notifies the Crown Prosecution Service that the Statutory Declaration has been made and the vast majority of the time the Crown Prosecution Service will lay in fresh information for the original offence and the proceedings will start over again. These amounts are fixed by law. I wanted to thank you for all the good and diligent work you have done on my behalf. If you need help making a Statutory Declaration or you are worried about the proceedings to which the Statutory Declaration relates, then please contact us or call in for urgent advice. I would recommend anybody with a Road Traffic Offence matter to your use your firm as they can be assured of an excellent and thorough service. With the current Coronavirus lockdown, social distancing and remote working, organisations are having rapidly to rethink how documents can be signed and - where relevant - witnessed. Statutory declarations (and their cost) Introduction A client sometimes requires a notary to witness etc a statutory declaration, with the statutory declaration for use in England and Wales. 6. These are explained in the statutory declaration template. • The application must be signed by a Commissioner for oaths / Solicitor / Justice of the Peace / Notary. Great Response, Great Advice, Great Service and … Great Result – Thanks. We have had a number of people who have had to go through the Statutory Declaration exercise on a number of occasions in relation to the same case. Already registered? Print this page. Once you write your statutory declaration, you must sign it in front of an … You must submit your statutory declaration in hard copy (printed), if it's required by legislation. Check how the new Brexit rules affect you. You’ve accepted all cookies. Very professional, honest from the outcome, didn't raise my hopes at getting case discharged at all. The signed and stamped document issued to you would have … To do this, you’ll need to complete a Statutory Declaration stating the amount you're claiming, and the reasons why. A Statutory Declaration is a means of voiding (setting aside) the original proceedings. It is usually a lot cheaper than changing name by use of a Deed Poll. To declare items for import or export. If the Magistrates do not believe the statutory declaration that you are making (and you have to swear the statutory declaration on oath) then they can warn you about the offence of perjury and you should take such a warning seriously. At the same time as asking the Court to list the case for a Statutory Declaration to be made, we will often lodge a Leave to Appeal to the Crown Court, (normally out of time) just in case the Magistrate refuses for some reason to hear the declaration. Free trial. fedupandsickofeverything Wed 04-Mar-15 11:44:20. have also posted this in chat My dm remarried when I was young, I used my stepfathers's name although he never formally adopted me. This practice note looks at what is involved in preparing the relevant documents and administering oaths, affirmations and statutory declarations. We are reviewing them so that we can fix these. Lots of Courts tend to do this and in our view that this approach is wrong in law. These types of declarations are made subject to the provisions of certain legislation. For example, proof of death to be used for land transfer when one of the grantor dies. You can type or write the statutory declaration before visiting an authorised witness, but don’t sign it yet. A Statutory Declaration is a statement or fact that is created and signed in the presence of a UK solicitor, Notary Public or anyone who is authorised by law to hear it. If you have been made aware of a court fine that you had not previously known about, (usually because all correspondence had been sent to a previous address), you can apply to the Magistrate Court for the conviction to be cancelled. Form T467: Statutory declaration for single Applicants. It tells examiners about what a Statutory Declaration is, when it is used (both in the UK and overseas) and who has the legal power to authenticate a Statutory Decleration. Statutory Declaration. Do solemnly and sincerely DECLARE and say as follows: (set out the required information in numbered paragraphs) And I make this declaration conscientiously believing the same to be true and in accordance with the provisions of the Statutory Declarations Act 1835. We have had many cases in the past where people have made a Statutory Declaration because they did not receive the Summons and have not notified the Court of their up to date address and then proceedings have been re-issued to their old incorrect address. What do I need to do with my statutory declaration? This must be witnessed by a Solicitor, a Commissioner for Oaths or a Magistrate. A statutory declaration is similar to an affidavit except that a statutory declaration is usually used outside of court settings. • You will need to send some supporting documents. 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. Statutory declarations and deeds I need a lawyer to sign a document. It is strongly argued that when you make a Statutory Declaration, the Court do not have the power to re-open the 'withdrawal' of the original speeding matter. 2. 5* - Statutory Declarations - Exceptional Legal Help I just want to say thank you for your support through this, I would have broken down but was very helpful and reassuring. All in all a positive experience. Thank you! For example, under the Marriage Act 1961 , you may need to complete a statutory declaration and provide it in hard copy. If it isn’t witnessed, we can’t accept it and will send it back to you, meaning the process will take longer. When this happens you can either make an application for the case to be re-opened under Section 142 of the Magistrates’ Courts Act (see our page in that regard) or you can ask the Court to hear a Statutory Declaration. If the Magistrates do not believe the statutory declaration that you are making (and you have to swear the statutory declaration on oath) then they can warn you about the offence of perjury and you should take such a warning seriously. However, people typically use Statutory Declarations to satisfy legal requirements in situations that are outside of a court of law. To help us improve GOV.UK, we’d like to know more about your visit today. All content is available under the Open Government Licence v3.0, except where otherwise stated, If you use assistive technology (such as a screen reader) and need a How to word a statutory declaration A statutory declaration is a legal document that is governed by the Statutory Declarations Act 1835. This was al… I'm sure I will not need you again but will readily pass on your details to anyone else who may need your motoring law expertise. Most of the cases that we deal with that require a Statutory Declaration are allegations of failing to provide driver information. Once I instructed your firm officially I immediately felt that my case was at last being handled by someone who actually had an interest and knowledge and wanted to provide an exceptional service. A few common examples of instances that may require a statutory declaration include: 1. Declarations can be either based on a Will that did not go to probate, claiming ownership by the executor or by the Next of Kin if the deceased left no will. The Magistrates can refuse to allow you to make a Statutory Declaration more than 21 days after you have found out about the conviction but they cannot refuse you the opportunity to make a Statutory Declaration within that period. To access this resource, sign up for a free trial of Practical Law. Our clients will have been convicted in their absence of this offence and the original speeding matter will have been withdrawn. (7 Posts) Add message | Report. Court Fines and Section 14 Statutory Declarations. A statutory declaration is a written statement declared to be true in the presence of an authorised witness. To help us improve GOV.UK, we’d like to know more about your visit today. The Magistrates can then either re-list the case, based on an indication from you that it is your intention to plead not guilty to the original matter. You can change your cookie settings at any time. For example, you may need a solicitor to witness you confirm the truth of and sign an oath relevant to applying for probate. My hesitation was doubled by the fact they are located 200 miles away from me. Without Due Care And Attention ( Careless Driving ), How To Get Your Case Reopened in Magistrates Court, Totting Up Points Ban/Exceptional Hardship, Section 142 of the Magistrates’ Courts Act, Frequently Asked Question Offence Categories Here. Fill, sign and download Statutory Declaration Form online on Handypdf.com Dear Louise, I would like to express deep appreciation for all the work and effort you've put into my case and for ultimately getting me the decision that I wanted. Affidavits need to be verified by oath or by solemn affirmation. version of this document in a more accessible format, please email, Application to re-register a child’s birth and add the natural father's details, Statutory declaration of acknowledgement of parentage form, Forms LOC020, LOC021 and LOC025: Change your name by deed poll, Application form to remove the wrong father's details from a birth registration, Form T467: Statutory declaration for single Applicants, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases. We are aware these publications may have accessibility issues. The statutory declaration would effectively satisfy some legal requirement, or regulation where … To declare your identity, nationality, or marital status. £5 for each statutory declaration 2. Allowing you to make an application to re-open a case is at the Magistrates discretion. There are 2 sets of words you need to include in any statutory declaration: At the start of the declaration I, [your full name] of [your residential address], do solemnly and sincerely declare that: At the end of the declaration And I make this solemn declaration conscientiously believing the same to be true and by Again, you will need extra advice in this regard if this has happened to you. If there is the case, then the notary (as any lawyer) can only charge 1. A statutory declaration is a formal statement made in a prescribed way affirming that something is true to the best knowledge of the Declarant, being the person making the declaration. 5. It will take only 2 minutes to fill in. Very well done. You will need to adhere to a strict submission process to the Court. You can send your statutory declaration to the person or organisation that asked for it. Read more about our accessible documents policy. If you find out that you have been convicted of an offence without realising, then you have to act fast. • Follow the guidance we send you with the template to complete it. These declarations are used primarily in the UK and in British Commonwealth countries, such as Australia and New Zealand. 3. Our current fees for this service are $99 plus applicable taxes. The statutory declaration will need to be signed in the presence of a solicitor, commissioner for oaths or notary public. How do I get a copy of statutory declaration? Don’t include personal or financial information like your National Insurance number or credit card details. You will then receive a Summons and you will have to attend and indicate whether or not you plead guilty or not guilty. There are 2 types of statutory declarations (or stat decs) — Commonwealth and state and territory statutory declarations. Statutory Declarations are signed in the presence of a UK official to ensure that the written statement does … It normally transpires that this has happened because either our client has an extremely poor postal service to their home address or they have moved addresses and the V5 (log book) for the vehicle has not been updated. Statutory declaration form (DOC, 93 KB) We use this information to make the website work as well as possible and improve government services. I am very pleased with the final outcome of my court case and most satisfied with the level of service you provided. To declare the solvency of a company. You will need to do this in front of the witness. Your professionalism, ease to communicate with, understanding of my problem and successful result are all testimony to your excellent legal services. To declare the originality of an item when applying for a patent. The information from both the Principle Solicitor Emma Patterson and the Solicitor and Senior Case Progression Officer Louise Kippax was professional, useful, thorough and pragmatic. Fillable and printable Statutory Declaration Form 2021. The fee for doing so is usually around £20-50 depending on where you go, etc. We are often asked how do you go about making a Statutory Declaration at the Magistrates’ Court? From the first phone call the attitude from your office was positive and informative. Overall, I would have no hesitation in recommending this firm. Used to transfer ownership from a deceased owner when no official documents have been issued. It is extremely rare to do a web search and stumble across a firm of any profession, and actually receive a first rate service, but that’s what’s happened in this instance. Practical Law UK Practice Note w-024-6421 ... Related Content. A statutory declaration or affidavit is a declaration made in a prescribed form before a solicitor, a notary public or another person authorised to administer an oath (commissioner of oaths) and it is mainly used to support certain applications or as evidence in court proceedings.. We only give information about Commonwealth statutory declarations. Statutory Declaration of Marital Status pdf Format Proof of Marriage declaration Word Format Proof of Marriage declaration pdf Format. About Us – See here for details about our law firm. We publish our success rates because we are proud of how many motorists we help…, Patterson Law Limited is a law firm authorised and regulated by the, Louise Kippax - Senior Case Progression Officer, Senior Case Progression Officer - Louise Kippax. Businesses and individuals have already been using electronic signatures on contracts and other documents for some time and the Law Commission confirmed in its September 2019 report 'Electronic execution of documents' that it was permissible under English law to sign legal documents electronically. I wish more people in all professional services sector were as down to earth, and say it like it is! If you find out that you have been convicted of an offence without realising, then you have to act fast. We’ll send you a link to a feedback form. Obtaining a copy of your Statutory Declaration Statutory Declarations are usually issued by solicitors. This is normally in relation to our clients who have been convicted of road traffic offences without realising. Guidance on the acceptability of statutory declarations for passport purposes. Making a Statutory Declaration within 21 days of finding out that you have been convicted of an offence without your knowledge is not subject to the discretion of the Magistrates. It tells examiners about what a Statutory Declaration is, when it is used (both in the UK and overseas) and who has the legal power to authenticate a Statutory Decleration. Thanks again. To do this, you’ll need to complete a Statutory Declaration form stating the amount you're claiming, and the reasons why. The Statutory Declaration. A statutory declaration is a legal document defined under the law of certain Commonwealth nations. Help us improve GOV.UK. A statutory declaration is a sworn, written statement used to prove a fact that you have knowledge of where there are no formal legal proceedings, such as a trial, where you could testify under oath. A consideration of whether and how solicitors may administer a statutory declaration while measures are in place to reduce the spread of the 2019 novel coronavirus disease (COVID-19) pandemic.

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