Declaration (annexure) - electronic version (Form 20)

Statutory declarations needed as essential or supporting evidence for a Titles Registry instrument should generally be prepared on a Form 20 Declaration, introduced on 20 December 2023; the Department of Justice statutory declaration form can also be used (Land Title Practice Manual (LTPM) [20-2040]). 'Electronic version' means the form can be typed into on a computer before printing; there is also a version for completion by hand. It does not mean the declaration can be signed electronically: the Oaths Act 1867 (Qld) provisions allowing electronic signing and witnessing by audio visual link do not apply to declarations lodged or deposited in the land registry (ss 16C(6), 31K(2)), so only declarations signed on paper in the physical presence of an authorised witness can be deposited. This is a different document from the Form 20 alteration/minor correction schedule and the Form 20 Trust Details Form, which share the number.

When you need it

• Explaining a change or correction of a registered owner's name, lodged with a Form 14 General Request (LTPM [14-2010]).
• Confirming that the deceased named on a title and in a death certificate or grant are the same person, for a Form 4 or Form 5 (LTPM [4-2020], [5-4080]).
• Any other statutory declaration the LTPM or a requisition notice asks for as evidence.
• Each declarant needs their own declaration; one form cannot cover two people (LTPM [20-2040]).

1. 1

   Title reference and page numbering

   Insert the title reference at the top and the page numbering, so the declaration forms part of the instrument it supports.

2. 2

   Declarant details and statements

   Complete 'I, [full name] of [address] in the [State or country] do solemnly and sincerely declare that:' and set out the facts in numbered paragraphs. Where something is based on information and belief, state the source of the information and the grounds for the belief.

3. 3

   How the declaration was made

   The form lists four statements (A to D) about how the declaration was made and signed. Only statement D, physically signed in the physical presence of the witness, describes a declaration that can be deposited with Titles Registry forms (form note 1).

4. 4

   Witness details

   The witness signs and gives their full name and type of witness, such as Australian legal practitioner, justice of the peace, commissioner for declarations or notary public (Oaths Act s 16B; form note 2). If the witness is not a JP or commissioner for declarations, insert the name of their law practice or government department; otherwise strike that line through (form note 3).

5. 5

   Declarant's signature

   The declarant signs and dates the declaration in front of the witness. The second page of notes is guidance only and does not form part of the declaration.

• A Form 20 cannot be lodged on its own. Attach it to, and lodge it with, the Titles Registry form it supports (LTPM [20-2000]).
• No Titles Queensland fee is payable for a Form 20 (LTPM [20-8000]). The fee for the main instrument applies.
• Lodge it through the same channel as the main form: TED for the dealings TED accepts (keep the original after uploading), eLodgement, or post to Titles Queensland, GPO Box 1401, Brisbane Qld 4001.
• For a declaration made outside Queensland, the law of the place where it is made is also relevant to its form (LTPM [20-0030]).

• Do not sign it electronically or over a video call. A declaration signed electronically or witnessed by audio visual link cannot be deposited in the land registry (Oaths Act ss 16C(6), 31K(2)).
• Check the witness is someone who can take a Queensland declaration under section 16B of the Oaths Act 1867, for example a JP, commissioner for declarations, notary public, lawyer or conveyancer.
• Make a separate declaration for each person whose evidence is needed (LTPM [20-2040]).