Can I administer an oath to a child deponent?

I have been asked to administer an oath where the deponent is a child. Am I able to do this and, if so, is there a special form of oath to be used?

Yes, so long as you’re a solicitor with a current practising certificate you’re able to administer an oath to any deponent including a child.

There is no special form of oath prescribed for a deponent who is a child and no obligation upon a solicitor to ascertain the age of any person who seeks to take the oath.

In the case of a person obviously of tender years, the commissioner ought to satisfy himself so far as practicable that the child understands that they’re about to swear the truth of the contents of the document.

For more information, see Execution of Documents (3rd edition).

Disclaimer

While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

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