Statutory Declarations Act 1835
Oaths Act 1978
Can a Solicitor colleague administer an oath for two lay executors?
In the “Practice Advice Service question if the week…” section of a recent the Law Society Gazette the following question was asked:
“I am a solicitor and have just started work in a busy high street practice. I regularly swear oaths and take declarations. My new firm wants me to account to them for all the oath fees received. In my previous firms, I have always been allowed to keep oath fees. Are the partners of the firm entitled to the oath fees?”
The following response was given:
“There are no rules or specific guidance on this. It is a matter for the partners of the firm to decide and for you to negotiate, if you can. There is limited information about VAT payable on such fees.
If the oath fees are retained by you personally, they are not subject to VAT unless you are registered or liable to register for VAT as a result of the aggregate of your personal taxable supplies. If you are required to account to your firm for oath fees received, then these fees should be dealt with as part of the firm’s taxable turnover.
or further information on oaths, please see the Law Society publication, Execution of Documents (3rd edition) which is available from the Law Society’s online bookshop at https://www.lawsociety.org.uk/bookshop
For further information please contact the PAS helpline on 020 7320 5675 or email email@example.com”