Statutory Declaration for Probate: When You Need One and How to Get It Witnessed

HM Courts & Tribunals Service (HMCTS) asks for a statutory declaration in a probate application when there is a problem the registry cannot resolve from the paperwork alone. You make the declaration in front of a solicitor, commissioner for oaths or notary public, and send the countersigned document back to the registry, quoting your case reference.

Why does the Probate Registry ask for one?

The most common reasons are these.

Name discrepancies. The deceased is named differently in the will, the death certificate and property or bank records, for example under a maiden name, a shortened first name or a different spelling. The registry wants a sworn statement confirming that all these names refer to the same person.

Due execution of the will. If the will's attestation clause is missing, incomplete or unusually worded, the registry may ask an executor or one of the witnesses to declare that the will was signed and witnessed correctly.

No later will. Where there is reason to think another will might exist (a solicitor's reference on an old document, or a note from a family member), the applicant may need to declare that reasonable searches were made and no later will was found.

Relationship on intestacy. Where there is no will and the estate passes under the intestacy rules, the registry sometimes asks the applicant to declare their relationship to the deceased, particularly if the family tree is unusual or contested.

Marks, alterations or damage to the will. If the original will has staple holes, crossings-out or other marks, a declaration can explain how they got there and confirm that nothing has been removed or altered improperly.

You will usually know a declaration is needed because the registry issues a stop or requisition letter saying exactly what it wants confirmed and, often, the wording it expects.

Who can witness it?

A statutory declaration has to be made in front of someone authorised to administer oaths: a solicitor, a notary public or a commissioner for oaths. You cannot sign it in front of a friend or an ordinary witness, even if that person is willing to countersign. The declaration has legal effect only once it has been made this way.

A video call works in the same way as an office appointment. The solicitor confirms your identity, checks the wording and takes the declaration remotely.

What should you have ready?

1. The exact wording required. If the registry gave specific wording in its requisition letter, use it. If not, the solicitor can help put the declaration into the standard legal form based on what needs confirming.
2. A passport or driving licence in the name you will sign under.
3. The probate case reference or stop number, so the declaration refers to the right application.
4. Any supporting documents mentioned in the declaration, such as the death certificate, the will, or correspondence showing the name variations.

Do not sign the declaration before the call.

What happens on the call?

You join the video call at the booked time with the unsigned declaration in front of you. The solicitor checks your ID against the document, confirms that you understand what you are declaring and that it is true, and watches you sign it live on camera. Signing in front of an authorised person is the legal act of making the declaration.

After the call, you email the signed document to the solicitor. The solicitor countersigns it, adds their certification and emails the completed declaration back to you, usually the same day. Nothing is posted.

How do you submit it to the Probate Registry?

The countersigned declaration goes to HMCTS, not to us. Send it to the address given in the requisition letter, or upload it through the online probate service if your application was made that way, and quote the case number each time. Keep a copy. If the registry has a follow-up query, it will usually refer back to this declaration.

Registry turnaround varies, but sending a correctly worded, properly witnessed declaration promptly is the most effective thing you can do to get the stop lifted.

What mistakes cause a second stop?

• Using generic wording when the registry asked for specific language. Match its wording exactly rather than paraphrasing.
• Explaining only part of a name discrepancy. If there are three variants of the name across the paperwork, the declaration should account for all of them, not just the one that prompted the query.
• Sending a copy without the solicitor's countersignature. The registry needs the version carrying both your signature and the solicitor's certification.
• Leaving out the case reference. Without it, the registry cannot easily match the declaration to your application.

The fee is £100 per document, and same-day appointments are available.

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