If you have been following the ongoing debate around the late Minister Mentor Lee Kuan Yew’s home at 38 Oxley Road, you may have noticed that Prime Minister Lee Hsien Loong released a statutory declaration through his lawyers on Thursday. He also called on the other parties, Dr Lee Wei Ling and Mr Lee Hsien Yang to respond with statutory declarations of their own.
At this point, you may be wondering, “what is a statutory declaration?” And “when would I need to make one?”
In this article, we will take a look at what a statutory declaration is, when you’ll need to make one, and how a qualified legal professional can help you make one.
What is a statutory declaration?
A statutory declaration is a type of written statement used to declare that certain information is true. A statutory declaration is required for many different legal procedures and is often used when no other evidence is available.
For example, you may be required to make a statutory declaration to report the loss of your Singapore passport, declare your reasons for changing your name, provide evidence of the use of a trademark in Singapore or to declare unemployed status when applying for a HDB loan. Additionally, a witness to the execution of a will can make a statutory declaration as evidence that a will was signed. Of course, there are many other situations in which a statutory declaration is required.
Any person is permitted to make a statutory declaration. However, a statutory declaration must follow the legal requirements of the Oaths and Declarations Act (Cap 211). This means that a statutory declaration must be made either before a court or before an authorised person. It must also be made using a particular form required by the Act.
What if I make a false declaration?
When you make a statutory declaration, you are declaring that the statements in it are true. You may be penalised if you intentionally make a false statement relating to the primary purpose of the declaration. It is also an offence to use or attempt to use a declaration that you know is false. Depending on how the declaration is used, this offence carries a maximum penalty of either 3 or 7 years in addition to a fine.
How do I make a statutory declaration?
To make a statutory declaration, you must first obtain, fill out and sign the correct form. Once this is complete, you will need to swear and affirm the declaration before a court or another authorised person, such as a Commissioner for Oaths or a qualified lawyer. The declaration can only be changed in the presence of an authorised person.
Can i make a statutory declaration outside of Singapore?
A statutory declaration can also be made outside of Singapore. A statutory declaration made in the United Kingdom or another Commonwealth country, such as Australia, Canada or New Zealand, must be done before a notary public, justice of the peace, or other authorised person in that country. A statutory declaration made in a non-Commonwealth country must be made before a consul, vice-consul or other authorised person in that country.
How we can help you.
Making a Statutory Declaration is not a matter that should be taken lightly. At I.R.B. Law LLP we have experienced lawyers who can advise while drafting your Statutory Declaration and ensuring that every formality is adhered with.
So don’t hesitate to contact us, our first consultation is typically free as we want to find out more about your problem and how we can be a part of the solution. Contact us at [email protected] or Call us at 6298 2537 to book a meeting with us so that you can focus on getting back up on your feet as soon as possible.