Statutory Declaration of Death (UK)
Made pursuant to the Statutory Declarations Act 1835, the Coroners and Justice Act 2009, and the Oaths Act 1978
I, [Declarant Name], of [Declarant Address], [Declarant City], [Declarant County], [Declarant Postcode], England and Wales, [Declarant Occupation], do solemnly and sincerely declare as follows:
DECLARANT’S CAPACITY AND KNOWLEDGE
1. I am the [Declarant Relationship] of the deceased person named below. [Knowledge Basis]
PARTICULARS OF THE DECEASED
2. I hereby declare the following facts concerning the death of [Deceased Name]:
- Full legal name: [Deceased Name]
- Date of birth: [Deceased DOB]
- Nationality: [Deceased Nationality]
- Last known address: [Deceased Last Address]
- Date of death: [Date of Death]
- Place of death: [Place of Death]
- Cause of death: [Cause of Death]
PURPOSE
3. This Statutory Declaration of Death is made for the purpose of: [Declaration Purpose].
4. To the best of my knowledge and belief, the funeral expenses and all outstanding liabilities of the deceased known to me have been or will be discharged from the estate in due course of administration.
And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act 1835. I am aware that if I wilfully make a false statement in this declaration, I may be liable to prosecution for an offence under the Perjury Act 1911, which carries a penalty of up to seven years’ imprisonment or an unlimited fine.
Declared at [Declaration Place]
On [Declaration Date]
DECLARANT
Full name: [Declarant Name]
Address: [Declarant Address], [Declarant City], [Declarant County], [Declarant Postcode]
Occupation: [Declarant Occupation]
Capacity: [Declarant Relationship]
BEFORE ME
The above declaration was subscribed and solemnly declared before me, [Commissioner Name], of [Commissioner Firm], [Commissioner Address], a Solicitor / Commissioner for Oaths duly authorised to administer oaths and take declarations in England and Wales, on the date stated above.
Name: [Commissioner Name]
Firm: [Commissioner Firm]
Address: [Commissioner Address]
Declarant
________________
Signature
Date: ________________
Commissioner for Oaths / Solicitor
________________
Signature
Date: ________________
What Is a Statutory Declaration of Death (UK)?
A Statutory Declaration of Death in the United Kingdom puts facts on the record under a formal declaration so they can be relied on by a court, registrar, or third party, and takes its legal force from the Perjury Act 1911.
A Statutory Declaration of Death is used alongside the official death certificate to provide formal, legally binding confirmation of a person's death and the circumstances surrounding it. It is particularly valuable where institutions require a higher level of assurance than a death certificate alone provides — for example, when an executor must confirm their authority to deal with the deceased's assets, or when an insurance company requires formal confirmation of a claimant's standing.
The person making the declaration (the declarant) must have personal knowledge of the death and typically acts in a legal capacity in relation to the deceased's estate — as executor, administrator, surviving spouse, or personal representative. The declaration sets out the deceased person's details, the date and place of death, the cause of death where known, and the declarant's legal authority and relationship to the deceased.
Making a false statement in a Statutory Declaration of Death is a criminal offence under the Perjury Act 1911, carrying a maximum sentence of seven years' imprisonment. This serious sanction reflects the importance of death declarations in the administration of estates, the settlement of insurance claims, and the transfer of assets and property following death in England and Wales.
Our Statutory Declaration of Death template is drafted in accordance with the Statutory Declarations Act 1835 and the current practice of solicitors in England and Wales. It is suitable for estate administration, insurance claims, pension notifications, asset transfers, Land Registry applications, and HMRC inheritance tax returns.
The legal framework governing the Statutory Declaration of Death (UK) in United Kingdom draws on several key statutes and regulatory bodies. Under UK law, the UK GDPR and Data Protection Act 2018 govern personal data in this document. The Consumer Rights Act 2015 protects individuals in consumer transactions. Section 62 of the Consumer Rights Act 2015 addresses unfair terms. The County Court and High Court of Justice have jurisdiction over personal disputes under the Senior Courts Act 1981 and the County Courts Act 1984. The Information Commissioner's Office (ICO) enforces data protection. Parties executing a Statutory Declaration of Death (UK) in United Kingdom should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Consumer Rights Act 2015 sets the foundational requirements.
When Do You Need a Statutory Declaration of Death (UK)?
A Statutory Declaration of Death is needed in England and Wales whenever a financial institution, government agency, court, or official body requires formal sworn confirmation of a person's death and the declarant's authority or standing in relation to the estate, beyond what the death certificate alone provides.
Estate administration and probate: The grant of probate or letters of administration, which authorises the executor or administrator to deal with the deceased's estate, is issued by the Probate Registry on application. Financial institutions, HM Land Registry, and other bodies dealing with the estate may require a Statutory Declaration from the executor or administrator confirming the death and their authority, particularly for smaller estates or where a grant of representation has not yet been obtained.
Insurance and assurance claims: Life assurance companies, pension trustees, and critical illness insurers routinely require a formal declaration from the claimant confirming the death and the claimant's entitlement. The Statutory Declaration provides a higher level of assurance than a letter of claim and is binding on the declarant.
Bank accounts and financial assets: Many banks and building societies require a Statutory Declaration from the executor or next of kin before releasing funds from a deceased customer's accounts, particularly for accounts that do not pass by survivorship. Some institutions have specific small estates procedures that allow release of modest sums on a Statutory Declaration without a full grant of probate.
Land Registry applications: Where the deceased held a property jointly with another person, or where property must be transferred to a beneficiary, HM Land Registry may require a Statutory Declaration as part of the application to remove the deceased's name from the title register or to register a transmission on death.
HMRC and inheritance tax: For inheritance tax purposes under the Inheritance Tax Act 1984, HMRC may require formal evidence of death and the executor's authority as part of the IHT400 submission or when dealing with queries about the estate.
What to Include in Your Statutory Declaration of Death (UK)
A properly drafted Statutory Declaration of Death for England and Wales must contain several key elements that confirm it is legally effective and acceptable to the institutions and agencies that will rely on it.
The identity and address of the declarant must be clearly stated, including their full legal name, residential address with postcode, occupation, and legal capacity in relation to the deceased. The declarant must be a person with genuine personal knowledge of the death and with legal authority or standing to deal with the deceased's affairs — typically the executor, administrator, or surviving spouse.
The deceased's personal details must be set out in full, including their full legal name, date of birth, nationality, and last known residential address. These details must correspond precisely with the information on the death certificate to avoid confusion or discrepancy.
The date, place, and cause of death must be stated clearly, as these are the core facts being declared. The date of death should be given in DD/MM/YYYY format. The place of death should identify the hospital, hospice, care home, or other location where the death occurred, together with the town and county. The cause of death should be stated as recorded on the death certificate, or noted as unknown if the certificate is unavailable.
Reference to the death certificate, if available, should be included. The declaration should identify the death certificate by registration district, sub-district, and entry number where possible, and confirm that a certified copy is exhibited to the declaration.
The declarant's legal authority must be stated. The declaration must explain the declarant's legal capacity — for example, as executor under the deceased's will, or as administrator entitled to deal with the estate under the intestacy rules.
The statutory formula and perjury warning are required by the Statutory Declarations Act 1835. The execution clause, recording where and before whom the declaration was made, must also be included.
Additional compliance elements for a Statutory Declaration of Death (UK) used in United Kingdom include: Under UK law, the UK GDPR and Data Protection Act 2018 govern personal data in this document. The Consumer Rights Act 2015 protects individuals in consumer transactions. Section 62 of the Consumer Rights Act 2015 addresses unfair terms. The County Court and High Court of Justice have jurisdiction over personal disputes under the Senior Courts Act 1981 and the County Courts Act 1984. The Information Commissioner's Office (ICO) enforces data protection. Forms-legal.com provides this template as a starting point for United Kingdom-compliant documentation.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Statutory Declaration of Death (UK) (United Kingdom) [Legal document template]. Forms Legal. https://forms-legal.com/uk/personal/legal-declarations/statutory-declaration-death-uk
"Statutory Declaration of Death (UK) (United Kingdom)." Forms Legal, 2026, https://forms-legal.com/uk/personal/legal-declarations/statutory-declaration-death-uk.
@misc{formslegal-statutory-declaration-death-uk,
author = {{Forms Legal}},
title = {Statutory Declaration of Death (UK) (United Kingdom)},
year = {2026},
howpublished = {\url{https://forms-legal.com/uk/personal/legal-declarations/statutory-declaration-death-uk}},
note = {Free legal document template. Based on Consumer Rights Act 2015}
}Also available for these jurisdictions:
Frequently Asked Questions
A Statutory Declaration of Death is required in England and Wales in a range of administrative and legal contexts where formal proof of death is needed in addition to, or in place of, an official death certificate. The most common situations include: estate administration and probate proceedings under the Administration of Estates Act 1925, where an executor or administrator must formally notify institutions of the death and establish authority to deal with the estate; insurance claims, particularly for life assurance and critical illness policies, where the insurer requires a formal declaration confirming the death and the claimant's authority to claim; pension scheme notifications, where the pension trustees require formal confirmation of a member's death before releasing death benefits or adjusting survivor's pension; financial institution requirements, where a bank or investment manager requires a formal declaration before releasing funds or transferring assets from a deceased account holder's accounts; property title transfers, where the Land Registry or a conveyancing solicitor requires formal evidence of death to remove the deceased's name from the title register; and HMRC notifications for inheritance tax purposes under the Inheritance Tax Act 1984. A Statutory Declaration of Death is made by a person with personal knowledge of the death — typically the executor, administrator, surviving spouse, or other personal representative — and must be made before a solicitor or commissioner for oaths.
A death certificate is the primary official record of a person's death, issued following registration of the death with the local register office under the Births and Deaths Registration Act 1953. It is the principal document used to notify government agencies, financial institutions, and official bodies of a person's death and is required for most administrative processes following a death in England and Wales, including applying for a grant of probate or letters of administration. A Statutory Declaration of Death is a supplementary formal document made under solemn declaration by a person with personal knowledge of the death. It is used alongside a death certificate (not as a replacement for it) where additional formal evidence of the death and the circumstances surrounding it is required. For example, a financial institution releasing assets from a deceased person's accounts may require both a certified copy of the death certificate and a Statutory Declaration confirming the declarant's authority and personal knowledge of the death. In rare circumstances where an official death certificate cannot be obtained — such as where a person is missing and presumed dead, or where a death occurred in a country with unreliable civil registration — a Statutory Declaration of Death may be the primary documentary evidence available, though obtaining an official declaration of death through the courts under the Presumption of Death Act 2013 would typically be more appropriate in such cases.
A Statutory Declaration of Death should be made by a person with personal knowledge of the death and with legal authority or standing to act in relation to the deceased's estate or affairs. The most appropriate persons to make this declaration include: the executor of the deceased's estate (a person appointed in the deceased's will to administer the estate); the administrator of the deceased's estate (a person entitled to administer an intestate estate under the Administration of Estates Act 1925); the deceased's surviving spouse or civil partner; the deceased's next of kin; or a solicitor acting on behalf of the estate. The declarant must have personal knowledge of the facts declared — they cannot simply rely on information provided by others. In practice, the executor or administrator is the most common declarant, as they are the persons with legal authority to deal with the estate and are typically most familiar with the details of the death and the administration of the estate. The declaration must be made before a solicitor, commissioner for oaths, notary public, or other person authorised to administer oaths in England and Wales under the Commissioners for Oaths Act 1889 and the Oaths Act 1978.
Yes, a Statutory Declaration of Death is frequently used in connection with insurance claims in England and Wales, particularly for life assurance policies, critical illness policies, and death-in-service benefits. Insurance companies and assurance providers typically require the following documentation when processing a death claim: a certified copy of the death certificate; a copy of the insurance policy; evidence of the claimant's identity and their relationship to the deceased; and in many cases, a formal declaration confirming the death and the claimant's authority to make the claim. A Statutory Declaration of Death made by the executor or next of kin provides the insurance company with a formal, legally binding confirmation of the death and the declarant's authority, which is a higher level of assurance than a simple letter or statement. Some insurance companies have their own standard declaration forms which must be used in addition to or instead of a general Statutory Declaration — it is advisable to check the insurer's specific requirements before making the declaration. For pension claims, pension trustees are required to satisfy themselves of the member's death before releasing death benefits, and a Statutory Declaration is commonly used alongside a death certificate for this purpose.
The Coroners and Justice Act 2009 is a major piece of legislation that reformed the law relating to coroners and the investigation of deaths in England and Wales. It replaced the Coroners Act 1988 and introduced a new framework for death investigations, including requirements for the registration of deaths and the circumstances in which a coroner's investigation (formerly called an inquest) must be held. Under the Coroners and Justice Act 2009, a coroner must investigate a death where the cause of death is unknown, where the death was violent or unnatural, where the death occurred in custody, or where a medical certificate of cause of death cannot be issued. The Act also established the office of Chief Coroner of England and Wales and introduced national standards for coroner investigations. A Statutory Declaration of Death may reference the Coroners and Justice Act 2009 where the death was subject to a coroner's investigation — in such cases, the declarant may wish to confirm the outcome of the investigation and any findings of the coroner. The Statutory Declarations Act 1835 remains the primary legislation governing the making of statutory declarations in England and Wales, and the Coroners and Justice Act 2009 provides the legal framework for the investigation and certification of the deaths that may be the subject of those declarations.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
Found an error? Let us knowRelated Documents
You may also find these documents useful:
Statutory Declaration (UK)
Create a Statutory Declaration for England and Wales in accordance with the Statutory Declarations Act 1835 and the Oaths Act 1978. A Statutory Declaration is a formal legal statement of fact made under solemn declaration before a person authorised to administer oaths — typically a solicitor or commissioner for oaths. It is used in a wide range of legal, administrative, and commercial contexts and carries serious legal consequences if made falsely under the Perjury Act 1911.
Statutory Declaration of Birth (UK)
Create a Statutory Declaration of Birth for England and Wales in accordance with the Statutory Declarations Act 1835 and the Births and Deaths Registration Act 1953. Used for passport applications, late birth registration, immigration, probate, and identity confirmation. Must be signed before a solicitor or commissioner for oaths. Download as PDF or Word.
Statutory Declaration of Domicile (UK)
Create a Statutory Declaration of Domicile for England and Wales in accordance with the Statutory Declarations Act 1835 and the Domicile and Matrimonial Proceedings Act 1973. Used for HMRC inheritance tax returns (IHT400), probate, matrimonial proceedings, transfer of foreign assets, and pension claims. Must be signed before a solicitor or commissioner for oaths. Download as PDF or Word.
General Power of Attorney (UK) (Power Of Attorney)
Create a General Power of Attorney valid under the laws of England and Wales. Authorises an attorney to act on behalf of the donor in financial, property, or business matters under the Powers of Attorney Act 1971. Unlike a Lasting Power of Attorney (LPA), a General POA ceases automatically if the donor loses mental capacity. Suitable for temporary delegation during travel or illness. Download as PDF or Word.