Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Witnessing an affidavit

1 reply

CoralFang · 31/10/2024 14:36

Hi,

I suspect I know the answer to this but can't find a clear legal answer.

A close relative requires an affidavit and needs their signature to be witnessed by a commissioner for oaths. I am a commissioner for oaths (solicitor), although have never had cause to witness an affidavit before hence my lack of knowledge! Is this allowed? The document has nothing to do with me, ie I have no direct or indirect interest in it and am impartial - it's for a dual nationality passport application for my relative's child.

I assumed I couldn't do this in the same way I can't sign passport photos for close relatives, but am coming across conflicting info online... my relative has been quoted significant fees to get this done by a firm (which I thought wasn't legal tbh as there's a £5 statutory cap!) and I unfortunately don't have any colleagues who can help.

Any info/links etc much appreciated!

OP posts:
JennyMule · 02/11/2024 14:51

The fee for swearing an oath or statutory declaration is fixed by law at £5 +£2 per exhibit so I suspect it's a case of the firms which have been approached misunderstanding and thinking that the preparation of the document is being requested.
The Solicitor/Commissioner for Oaths is not witnessing the document, they're administering the oath. I wouldn't do this for a family member, I'd get a solicitor chum to do it instead (and vice versa) so unless geography prevents this perhaps arrange for a colleague to help out?

New posts on this thread. Refresh page