who can witness a statutory declaration

who can witness a statutory declaration

1 month ago 3
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A statutory declaration must be witnessed by an authorized person, not just any individual. Typically, those who can witness include solicitors (lawyers with practicing certificates), notaries public, Commissioners for Oaths, Justices of the Peace (JPs), and certain court officials. The witness must be an independent professional authorized under specific statutory provisions, such as the Statutory Declarations Act 1835 in the UK. Ordinary friends, family members (unless specifically authorized), colleagues, or employees not fitting these professional categories are not suitable witnesses. The witness must be physically present during the signing, and generally the document cannot be validly witnessed remotely unless explicitly allowed in special cases. The witness usually signs the document adding their name, address, and professional status to confirm they observed the signing in person. In other jurisdictions like Australia or New Zealand, the list of authorized witnesses may include legal practitioners, certain licensed professionals, Justices of the Peace, court registrars, and other designated officers authorized by local regulations. Age and mental capacity requirements (typically over 18 and mentally competent) also apply to witnesses. In summary, a statutory declaration must be witnessed by a prescribed authorized professional such as a solicitor, notary, Commissioner for Oaths, or Justice of the Peace, ensuring the legal validity of the declaration.

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