Statutory Declaration Ireland — How It Is Witnessed
Last updated 9 October 2026. General information only, not legal advice.
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A statutory declaration is a formal written statement made under oath before a solicitor, notary public, or commissioner for oaths. In Ireland, statutory declarations are required for a wide range of legal, administrative, and personal matters. Online Legal Services Ireland is not a solicitor’s practice and does not draft or witness statutory declarations; to have one witnessed, use the Law Society of Ireland’s Find a Solicitor directory.
Key points
- A statutory declaration is a written statement of fact that you sign in front of an authorised person.
- Under the Statutory Declarations Act 1938, it can be taken by a notary public, a commissioner for oaths, a peace commissioner or another person authorised by law, and you must sign in their presence.
- Knowingly making a false or misleading declaration is an offence under section 6 of the 1938 Act.
- Affidavits are used in court proceedings and follow separate rules.
- Bring photo ID, such as a passport, unless the person taking the declaration already knows you.
What Is a Statutory Declaration?
A statutory declaration is a written statement of fact that you sign in the presence of a solicitor. By signing, you declare that the contents are true to the best of your knowledge. Making a false statutory declaration is a criminal offence under the Statutory Declarations Act 1938.
When Do You Need a Statutory Declaration in Ireland?
- Name change declarations (confirming you are known by a different name)
- Lost share certificates or title documents
- Proof of identity for financial institutions
- Probate and estate administration
- Citizenship or passport applications
- Vehicle registration and ownership transfers
- Company law and regulatory compliance
- Insurance claims
- Property transactions — confirming no rights of way, no claims on title
What Is the Difference Between a Statutory Declaration and an Affidavit?
Both are sworn statements of fact. The key difference is that an affidavit is used in court proceedings and must be sworn before a specific court officer, while a statutory declaration is used for non-court administrative purposes and can be witnessed by any practising Irish solicitor. For either one, a regulated solicitor can advise you on which applies.
How Does the Process Work?
- Step 1: Write down the facts you need to declare and gather any supporting documents
- Step 2: A solicitor you instruct drafts the declaration in the correct legal format
- Step 3: You review and confirm the contents are accurate
- Step 4: You make the declaration in person before a solicitor or Commissioner for Oaths (at the firm’s office by appointment, or a commissioner near you)
- Step 5: You receive the completed, witnessed statutory declaration
Can a Statutory Declaration Be Witnessed Remotely in Ireland?
No. The Statutory Declarations Act 1938 requires a statutory declaration to be made in the physical presence of a practising solicitor or Commissioner for Oaths. The drafting can be done online, but the declaration itself must be made in person. (Affidavits are governed by separate court rules.)
How Much Does a Statutory Declaration Cost in Ireland?
This site does not offer a drafting or witnessing service and is not a solicitor’s practice. Fees for witnessing vary, so ask for a quote before you attend. Find a regulated solicitor through the Law Society’s directory, or join the no-fee waiting list.
Statutory declaration drafting — not currently available →
Who Can Take a Statutory Declaration, and What Should You Bring?
Section 1 of the Statutory Declarations Act 1938 allows a declaration to be taken and received by a notary public, a commissioner for oaths, a peace commissioner, or a person authorised by law to take statutory declarations. Under section 2, you sign the declaration in the presence of that person, who then adds the attestation. The wording of the declaration is set out in the Act, and it ends by stating you make it conscientiously believing it to be true.
The person taking the declaration must be satisfied of who you are. The form allows this either because they know you personally or by an identity document such as a passport or national identity card. Bring the document you are declaring about, if any, and do not sign it beforehand. For related reading, see our guide on what an affidavit is, and the existing guide to statutory declarations and affidavits.
Frequently Asked Questions
Does a statutory declaration need to be witnessed by a solicitor in Ireland?
Yes. In Ireland, a statutory declaration must be witnessed by a solicitor, commissioner for oaths, notary public, or peace commissioner. Your solicitor is authorised to witness statutory declarations.
How long does a statutory declaration take?
The time depends on the solicitor or commissioner you use and their appointment availability, so ask when you book.
Is a statutory declaration legally binding?
Yes. A properly executed statutory declaration is a legally binding document. Making a false declaration is a criminal offence.
Can I use a statutory declaration witnessed in Ireland for international use?
For international use you may also need an apostille or notarisation depending on the country. A solicitor or notary public can advise on the requirements for your specific situation.
Who can take a statutory declaration in Ireland?
Under section 1 of the Statutory Declarations Act 1938, a notary public, a commissioner for oaths, a peace commissioner or a person authorised by law to take statutory declarations can take one. You sign it in their presence.
What ID do I need?
The declaration form allows the person taking it to identify you because they know you personally or by a document such as a passport or national identity card. Ask the person you are visiting what they accept.
What happens if a statutory declaration is false?
Knowingly making a declaration that is false or misleading in a material respect is an offence under section 6 of the Statutory Declarations Act 1938.
Get Your Statutory Declaration Drafted
Need help with this? Work of this kind is carried out by a solicitor regulated by the Law Society of Ireland. We are not a solicitor’s practice and do not provide it — to instruct a solicitor, use the Law Society of Ireland’s Find a Solicitor directory.Conveyancing · Talk to a Property Solicitor.
Not currently available — we are working to appoint a new solicitor. OnlineLegalServices.ie is operated by Plus Promotions Limited, which is not a solicitor’s practice and does not give legal advice, so the solicitor service described on this page cannot be ordered here; the page is kept as general information. To instruct a solicitor, use the Law Society of Ireland’s Find a Solicitor directory, or join our no-fee waiting list to be told when solicitor services are available again.
