The administration of oaths is a reserved legal activity which can only be conducted by an authorised person under Sections 12 and 13 of the Legal Services Act. Therefore you must make sure that only authorised individuals undertake, or control the undertaking of, legal services work on behalf of the firm.
Training and qualifications
As an ICAEW-accredited probate practitioner, there is no additional qualification to administer oaths. However, administering an oath incorrectly can affect the validity of the document and expose your firm to legal or regulatory risk.
To support you, ICAEW has partnered with our training provider, Mercia, to produce a free, 12-minute, on-demand webinar, giving you a quick and accessible introduction to administering oaths.
This training covers the practical and technical aspects of administering oaths. New applicants for ICAEW accreditation will complete a dedicated module as part of Mercia’s Certificate in Probate and Estate Administration course.
E-learning webinar
The webinar recording is short (approximately 12 minutes long) and available at no charge.
It is protected behind the ICAEW log-in and should not be disseminated outside of your firm. The information contained in the video is for internal use to inform your learning on the administration of oaths. Follow the log-in requirements described on the exclusive page to access the video.
If any trouble accessing the page and its webinar, please contact Rachel Clements
For more information on personal development, refer to our CPD guidance for legal services practitioners
Marketing support
Marketing assets are available to support your firm in its communications about the administration of oaths. Your firm can add an ICAEW-accredited for probate and oaths logo and legend to your website, client engagement materials and office signage.
Ensure any marketing materials comply with ICAEW’s branding requirements, Legal Services Regulations, guidance on transparency and the Code of Ethics
FAQs - Administration of Oaths
1. Who is authorised to administer oaths in my firm?
The administration of oaths is a reserved legal activity which can only be conducted by an authorised person under Sections 12 and 13 of the Legal Services Act (Act). It is a criminal offence to carry out reserved activities without authorisation.
From 1 October 2025, ICAEW-accredited probate practitioners are authorised under the Legal Services Regulations to provide the administration of oaths services as part of their accreditation.
Under Regulation 3.3 of the Legal Services Regulations, an accredited legal services firm must make sure that only authorised individuals undertake, or control the undertaking of, legal services work on behalf of the firm.
A Commissioner for Oaths is the person who has legal authority granted by the Lord Chancellor to administer oaths or to take affidavits. This means that only ICAEW-accredited practitioners are permitted to use the title "Commissioner for Oaths" and only these individuals are authorised to provide this service in accredited firms.
2. What services can I provide as a Commissioner for Oaths?
Commissioners for Oaths play an important role verifying the authenticity and accuracy of legal documents and statements. Their responsibilities include administering the oath for affidavits and statutory declarations and witnessing signatures on important legal documents. The process and wording for administering oaths is set out in the 1978 Administration of Oaths Act
Key services include:
- administering oaths (or affirmations) – ensuring that individuals make formal statements sworn under oath to carry out a particular duty; and
- taking affidavits and statutory declarations – ensuring they are properly sworn if an affidavit or declared if a statutory declaration.
3. What services can’t I provide as a Commissioner for Oaths?
Accreditation as a Commissioner for Oaths does not confer qualification as a Notary Public. Only qualified Notaries, regulated by The Faculty Office of the Archbishop of Canterbury, may perform certain reserved legal activities, for example, dealing with legal documents intended for use abroad.
You should also bear in mind that Section 183 (3) of the Act stipulates that the Commissioner should not administer oaths in any proceedings where they are representing a party or in which they are an interested party. This includes circumstances where you are dealing with the administration of an estate and/or acting as an Executor. This is to avoid conflicts of interest and ensures objectivity. Where such conflicts arise, you may wish to make reciprocal arrangements with another legal services firm so that clients can still access the service without compromising legal and ethical requirements.
4. What if my firm does not want to provide oath services to clients?
While your accreditation authorises you to perform this reserved legal activity, there is no obligation to do so.
Some firms may decide that offering these services adds value for their clients, for example by providing a convenient, complementary service. Others may prefer to focus solely on probate services if this better reflects their firm’s business model or client needs. In either case, firms remain fully authorised to continue providing probate services and you can continue to use the title of Probate Practitioner in your marketing material as before.
If you choose not to provide oaths services, you may wish to make this clear in your standard client engagement letters and marketing materials.
5. What training or qualification do I need to administer oaths?
Existing ICAEW-accredited probate practitioners are automatically authorised to administer oaths and do not need to complete any additional qualification. However, to ensure that you have the appropriate knowledge and skills, ICAEW has partnered with training provider Mercia to produce a bespoke, bite-sized webinar covering the practical aspects of administering oaths.
This free, on-demand webinar is available via our website for ICAEW-accredited legal services practitioners. If you plan to offer this service to clients, we strongly recommend watching it in advance.
There is no requirement to provide evidence of this training to ICAEW. However, you and your firm remain responsible for:
- meeting Continuing Professional Development (CPD) requirements;
- complying with the Legal Services Regulations; and
- maintaining competence under the ICAEW Code of Ethics
Accredited legal services firms must also ensure that all principals and employees performing this work maintain competence for their respective responsibilities. Individuals should only carry out authorised work within their competence and are expected to review their development needs regularly.
From 1 October 2025, new applicants seeking ICAEW accreditation will complete a dedicated Administration of Oaths module as part of the Certificate in Probate and Estate Administration qualification.
6. I completed the Mercia training before 1 October 2025 but have not yet applied for accreditation and want to provide this service - what should I do?
From 1 October 2025, all new applicants who intend to seek ICAEW accreditation will complete an Administration of Oaths module as part of the Certificate in Probate and Estate Administration qualification.
However, if you completed the Mercia qualification on or before 1 October 2025 but have not yet applied for ICAEW accreditation by that date, you will be eligible to access the free on-demand ICAEW webinar after accreditation.
7. How much should I charge my clients for these services?
Under the Commissioners for Oaths (Fees) Order 1993, a Commissioner for Oaths must charge a fixed fee for affidavits and oaths. It is £5.00 for taking an affidavit, declaration or affirmation and £2.00 per attached item (known as exhibits).
8. What regulatory changes do I need to consider when administering oaths?
The updates to ICAEW’s Legal Services Regulations 2025 (Regulations) have introduced only minor amendments to bring oaths within the scope of authorised legal services.
The primary changes to the Regulations relate to terminology and the underlying regulatory obligations for accredited firms remain the same. For example, an accredited probate practitioner is referred to as legal services practitioner and a probate affiliate is now a legal services affiliate in the Regulations. However, you may still refer to yourself as a probate practitioner in your client care and marketing information.
While not a requirement, accredited firms may also wish to consider updating their internal policies and procedures. For example, specifying acceptable forms of identification, payment method (for example cash payments) and ensuring that only authorised personnel are permitted to administer oaths.
Key changes to consider are:
Annual returns
From 1 October 2025, if your firm has provided administration of oath services to clients during the return period you will be asked to complete the following information in your annual return.
- The number and type of oaths, affidavits, or statutory declarations your firm administered.
- Whether authorised practitioners have undertaken any relevant training.
You can find guidance on this process in our Annual Return Guidance Notes effective from June 2025.
Engagement letters and websites
Where the service is strictly limited to a standalone oath or affirmation (ie, not connected to probate or accountancy work) and only the statutory fee is charged an engagement letter is not required. This is because such transactions are typically of a short duration and do not establish an ongoing business relationship.
In these cases, firms must ensure however that the information required under Regulation 2.7 (u), (v) and (w) of the Regulations is available on their website and can also be provided in writing on request. In relation to oaths this will include:
- the statutory fee charged
- the services (e.g. statutory declarations, affidavits)
- key stages (for example making an appointment and attending your offices)
- how long the process usually takes (typically only a few minutes)
- your firm’s internal complaints procedure
- how to complain to the Legal Ombudsman
- the consumer’s ability to claim from the ICAEW Compensation Fund
- details of your professional indemnity insurance cover.
If you are providing oath administration alongside probate, estate administration or accountancy services, you can use Schedule Q from our updated engagement letter templates. Guidance on templates is available on our website.
In practice, all accredited firms offering this service may wish to update their website with helpful information for consumers. This might also include for example:
- brief information on oaths, statutory declarations and affidavits
- how to schedule an appointment and what to expect
- identification requirements
- payment methods accepted.
You may also display the newly designed ICAEW-accredited for probate and oaths logo and legend on your website and client engagement materials. If you would prefer not to offer this service to your clients, you can continue to use the probate logo for only probate accreditation.
Providing this information not only helps consumers make informed choices but also benefits your firm by demonstrating transparency and good client care. It is also a simple and effective way to market your new services.
9. Do I need to carry out customer due diligence (CDD) for oaths work?
Not in every case. Where your service is strictly limited to administering a standalone oath or affirmation and you charge only the statutory fee, this activity is not in scope of the Money Laundering Regulations (MLR).
If the individual making the oath is already a client of your firm, your existing CDD records will normally suffice.
However, take care not to be caught out by overlooking CDD where an oath matter develops into a wider client relationship. If administering an oath leads to further ongoing instructions in relation to probate or accountancy services, you must ensure that appropriate CDD is completed before providing these additional services.
10. How can my firm promote our new accreditation to clients?
You can display the newly designed ICAEW-accredited for probate and oaths logo and legend on your website, client engagement materials, and office signage. If you would prefer not to offer this service to your clients, you can continue to use the probate logo for only probate accreditation.
Ensure any marketing materials comply with ICAEW’s branding requirements, Legal Services Regulations, guidance on transparency and the Code of Ethics