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Small Estate Statutory Declaration

A completed fictional statutory declaration request for release of a £8,420 bank balance, with debts, entitlement, indemnity and witnessing safeguards.

Jurisdiction: England and Wales - completed fictional worked example

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

# SMALL ESTATE STATUTORY DECLARATION

Date: 18 October 2032

Parties: Lydia Morgan, the estate of Owen Morgan and Wessex Mutual Bank

## 1. Purpose and parties

I, Lydia Morgan of 6 Orchard Rise, Swansea SA2 0LF, make this completed fictional statutory declaration concerning my father Owen Morgan, formerly of 6 Orchard Rise, who died at Morriston Hospital on 4 August 2032 aged 78. Owen was domiciled in Wales and left a will dated 12 March 2028 appointing me sole executor and beneficiary. No grant of probate or letters of administration has been issued.

## 2. Facts, scope and terms

The asset for which I seek payment is Owen's sole Wessex Mutual Bank savings account ending 4412, held at the Swansea branch, with a balance of £8,420 as at 4 August 2032. The estate also contains a £180 household refund due from Severn Utilities, making known gross assets £8,600. There is no jointly held property, pension death benefit or other known asset, and the bank's published small-estate process has confirmed that it will consider a witnessed declaration below its £10,000 internal limit.

## 3. Process and responsibilities

Known liabilities are funeral expenses of £2,150, a final utility bill of £230 and an unpaid prescription charge of £42, totalling £2,422. I have paid £2,150 personally on 22 August and will reimburse myself only from estate funds after the bank releases them; I will reserve £272 for the remaining debts. The resulting estimated net estate is £6,178, calculated as £8,600 less £2,422, before any minor interest or administration expense.

## 4. Evidence, records and safeguards

I solemnly and sincerely declare that the facts in this declaration are true to the best of my knowledge, that the will and death certificate are genuine copies, that no grant has been obtained, and that I am entitled to administer and receive the account as executor and beneficiary. I will use the released money for estate liabilities and distribution under the will, will notify any later-discovered beneficiary or creditor, and will return money paid in error.

## 5. Review, escalation and outcome

I offer Wessex Mutual Bank an indemnity for loss caused by its release of the stated account balance to me on this declaration, subject to the bank's own terms and any liability that cannot lawfully be transferred. Enclosed are a certified death certificate, the will, my passport, proof of address, the bank's 9 September balance letter and receipts for the funeral and utility bill. I do not include online banking passwords or unnecessary personal information.

## 6. Reservations and practical protections

I will sign before a solicitor, commissioner for oaths, notary public or justice of the peace authorised to receive a statutory declaration under the Statutory Declarations Act 1835. Wessex Mutual must confirm before payment whether it requires its own form, an original declaration, an indemnity or additional inheritance-tax information. I understand that a small-estate declaration is not a grant of probate and that the institution's threshold and checks govern whether it will release the money.

## 7. England and Wales law and completion

This completed fictional declaration is dated 18 October 2032 and is intended for use in England and Wales. After witnessing, I will send the original securely, retain a scan and keep an estate ledger showing the £8,420 receipt, £2,150 reimbursement, £272 reserve and later distribution. The declaration does not conceal creditors, alter the will or purport to give tax advice, and I will obtain probate if the bank or another asset requires it.

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