Who Can Witness a Statutory Declaration in the UK?

Quick answer

Use a person authorised to take a statutory declaration in the jurisdiction where you sign, such as an appropriately qualified solicitor, Commissioner for Oaths, notary or magistrate. Confirm their authority and independence before booking. Do not sign in advance. Ask separately about witnessing, exhibits and any additional drafting or notarial work.

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Who is authorised to witness?

Confirm that the proposed witness has legal authority to take your declaration in the jurisdiction where you sign. A practising solicitor, Commissioner for Oaths, notary or magistrate may be appropriate, depending on their qualification and the procedure. Do not assume an ordinary deed-poll witness, professional title or military rank is sufficient. For overseas signing, check the receiving authority and the relevant consular or notarial service.

Who must NOT witness my declaration?

Anyone who is not independent: no family members, nobody named in or benefiting from the declaration, and — under s.1(3) of the Commissioners for Oaths Act 1889 — not the solicitor acting for you in the underlying matter. Choose a local solicitor with no connection to your affairs.

What happens at the appointment?

You sign in front of the witness — never pre-sign. The witness checks your photo ID and proof of address, watches you sign, then completes the jurat with their signature, date and stamp. In England and Wales the Commissioners for Oaths fee schedule specifies £5 per declarant plus £2 per required exhibit, inclusive of VAT where payable. Drafting and advice are separate. Ask for the applicable fee for other jurisdictions and notarial services.

Can it be witnessed over video?

Physical presence is the norm and the safest route. Do not assume a video appointment is legally sufficient. The specific procedure must permit remote witnessing and the receiving organisation must accept the method; ask an authorised professional to confirm both. When in doubt, sign in person. Prepare your document first with our £9.99 generator, and read the full cost breakdown.

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Frequently asked questions

Can any solicitor witness my statutory declaration?

Confirm that the solicitor is practising, authorised to take the declaration in that jurisdiction and independent of the matter. Ask whether they offer witnessing-only appointments. In England and Wales the Commissioners for Oaths fee schedule is £5 per declarant plus £2 per required exhibit.

Can I sign the declaration before my appointment?

No — never pre-sign. The whole point is that the witness watches you sign. You’ll sign in their presence, they’ll check your photo ID and proof of address, then complete the jurat with their signature, date and stamp.

Can a family member witness my statutory declaration?

Use an independent person with the necessary legal authority. An ordinary deed-poll witness is not enough for a statutory declaration. Confirm the proposed witness’s qualification and any conflict of interest; being a friend or relative does not itself confer authority.

Can my statutory declaration be witnessed over video call?

Do not assume a video call or electronic signature is sufficient. The legal procedure must permit the proposed method and the receiving organisation must accept it. Arrange an in-person appointment unless an authorised professional has confirmed that the specific remote procedure is valid for your declaration.

I’m abroad. Who can witness my declaration?

British consular officers can witness statutory declarations abroad, and local notaries public in most countries can too. If the declaration will be used overseas, you’ll typically also need an FCDO apostille — check with the receiving authority first.

How do I find the cheapest witness near me?

Ask local authorised solicitors whether they offer witnessing-only appointments, and request an itemised quote. In England and Wales the Commissioners for Oaths schedule specifies £5 per declarant plus £2 per required exhibit. Check local court services only where they offer the particular procedure you need.