A Statutory Declaration of Death is a formal legal document in which a person (the declarant) solemnly and sincerely declares facts concerning the death of another person to be true. It is made before a person authorised by law to administer oaths in England and Wales — typically a solicitor, commissioner for oaths, or notary public — and is governed by the Statutory Declarations Act 1835, the Coroners and Justice Act 2009, and the Oaths Act 1978.

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.

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.

A properly drafted Statutory Declaration of Death for England and Wales must contain several key elements that ensure 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.