Statutory declaration (tro og love): when and how to use it

An estate is to be divided, but there is no certificate of probate yet. The insurer asks for documentation you cannot produce on the spot. The bank asks you to confirm something you cannot prove with a piece of paper. In all of these situations the solution is often the same: a statutory declaration on your word of honour, a "tro og love" declaration.

A declaration on tro og love is a document in which you formally assure that something is true to the best of your belief. It is not an oath sworn in court, but it is a legally binding statement with real consequences if it turns out to be false.

This guide explains what a tro og love declaration is, when you need it, what it should contain, and what you risk if the content is untrue.

What is a tro og love declaration?

A tro og love declaration (also called a solemn declaration) is a written assurance that a given fact is correct, given by the declarant to the best of their knowledge and belief.

The phrase "på tro og love" comes from old Danish legal language and means that you declare something to be true in good faith. You are not claiming that you can prove it with official documents, but that you consider it to be correct.

The declaration is used when:

• It is not possible to produce official documentation
• Authorities, banks or other parties accept a personal assurance as a sufficient basis
• The law or an agreement specifically allows the declaration as an alternative to other documentation

A tro og love declaration is not the same as a notarised declaration. It does not require witnesses or public certification, unless the party you give it to specifically requires it.

When do you use a tro og love declaration?

Tro og love declarations appear in many different contexts in Danish law and practice:

Inheritance and estate accounts

When the probate court handles a deceased estate, the heirs can be asked to give a declaration on tro og love about the contents of the estate, for example that no assets or debts exist that they are aware of beyond those stated.

Banks and financial institutions

Banks can require a tro og love declaration in connection with:

• Releasing funds from a deceased family member's account (in the period before the probate court's documents are available)
• Confirming identity or circumstances that cannot be documented in another way
• Specific transactions where the bank wants a written assurance from the account holder

Insurance

Insurance companies use declarations on tro og love for:

• Reporting losses where a theft or the event cannot be fully documented
• Confirming ownership of lost or damaged property
• Policyholders' correction of information in claims

Real property and public authorities

Property transactions and municipal case handling sometimes require a tro og love declaration about:

• The condition or use of the property
• A lack of knowledge of specific defects or obligations
• Civil status, residence or other factual information

Business

In commercial contexts, the declaration is used to confirm that a company, for example, has no ongoing litigation, known debt obligations or other relevant matters that the counterparty is entitled to know about.

What should a tro og love declaration contain?

There is no statutory template for a tro og love declaration, but to be clear and legally usable it should contain:

1. The declarant's identity

Full name, CPR number and address. If a company is declaring, add the CVR number and the name of the person authorised to sign.

2. The recipient of the declaration

State who the declaration is issued to: bank, insurance company, probate court, authority or another party.

3. The content of the declaration

Describe precisely what you are declaring. Be specific. A vague declaration can be rejected by the recipient and, in the event of a dispute, will give rise to problems of interpretation.

Example: "I hereby declare on my word of honour that I am not aware of any assets or liabilities in the estate of [the deceased's name, CPR number] other than those stated in the enclosed estate account."

4. The phrase "på tro og love"

The key sentence itself must appear explicitly. It is the wording that gives the declaration its legal character.

5. Date and place

State when and where the declaration is signed.

6. Signature

The declarant signs. Certain recipients require that the signature is made in the presence of a witness or confirmed digitally.

Step by step: how to write a tro og love declaration

Follow these steps to create a correct and usable declaration:

Step 1: clarify the recipient's requirements. Contact the party that requires the declaration (bank, probate court, insurer) and ask whether they have specific requirements for content, format or confirmation. Some institutions have their own forms.

Step 2: write the declaration. State your personal details, who the declaration is addressed to, and what you are declaring. Use the phrase "på tro og love" explicitly.

Step 3: read it through carefully. Check that everything you declare is correct to the best of your knowledge. Remember: giving a false declaration can have criminal consequences.

Step 4: sign. State the date, place and your signature. Obtain witness confirmation if the recipient requires it.

Step 5: submit the declaration. Send or hand over the declaration to the relevant party. Keep a copy for yourself.

If you need to give another person the power to act on your behalf in connection with the declaration, for example in connection with the estate, a power of attorney can be a useful supplement.

The consequences of a false declaration

A tro og love declaration is not just a formality. Giving a deliberately false declaration can have serious consequences, and they depend on whether the declaration is given to a public authority or to a private party.

A declaration to a public authority

If you give a false declaration on tro og love to a public authority (for example the probate court), where the solemn form is prescribed or permitted, the matter is covered by section 161 of the Criminal Code. The penalty is a fine or imprisonment of up to 2 years.

If you otherwise give a false declaration to a public authority about matters you are obliged to explain, you can be punished under section 162 of the Criminal Code with a fine or imprisonment of up to 4 months. Other false written declarations for use in public legal matters are covered by section 163 of the Criminal Code, which likewise carries a penalty of a fine or imprisonment of up to 4 months.

Common to these provisions is that intent is as a rule required, that is, that you knowingly give a false declaration. An honest mistake, or information you believed in good faith to be correct, is normally not punishable.

A declaration to a private party

A bank or an insurance company is not a public authority, so a false declaration in that context does not automatically trigger a penalty under sections 161 to 163. It can, however, lead to civil consequences such as:

• Annulment of the agreement
• A claim for repayment
• A claim for compensation
• Termination of the customer relationship

Note that a false declaration can also, depending on the circumstances, amount to fraud under the Criminal Code if it is used to obtain an unjustified financial gain.

The declaration is therefore a responsibility. Avoid declaring anything you are not sure is correct, and rather word it with a reservation. "To the best of my knowledge and belief" is a correct wording when you cannot confirm all the details with certainty.

Examples of typical tro og love declarations

Example 1: estate account

"I, [Name], CPR number [CPR], hereby declare on my word of honour that I am not aware of any assets or debt obligations in the estate of [the deceased's name], CPR [CPR], beyond what appears from the enclosed estate account dated [date]. Place: [Town], date: [date]. Signature: ______"

Example 2: a tro og love declaration to the bank

"The undersigned [Name], CPR number [CPR], hereby declares on my word of honour to [the bank's name] that I am the sole heir to the estate of [the deceased's name] and entitled to dispose of the deceased's account [account number]. Place: [Town], date: [date]. Signature: ______"

Example 3: an insurance claim

"I, [Name], CPR number [CPR], hereby declare on my word of honour that the items stated in the claim report of [date] belonged to me at the time of the loss, and that they are lost or damaged as described. Place: [Town], date: [date]. Signature: ______"

Note: the above are only examples for illustration. Always adapt the content of the declaration to your specific situation and the recipient's requirements. Never use real CPR numbers in examples or templates.

Frequently asked questions about tro og love declarations

What is a tro og love declaration?

A tro og love declaration is a written document in which the declarant assures that a particular fact is correct to the best of their knowledge and belief. It is used when official documentation is not available or sufficient, and is accepted by authorities, banks and other parties as a formal personal assurance.

Must a tro og love declaration be notarised?

Not as a rule. A tro og love declaration normally requires neither notarisation nor witnesses. Certain institutions, for example certain banks or probate courts in complex cases, can, however, require a signature before a witness or notary confirmation. Always clarify the requirements with the recipient before you draw up the declaration.

Is a tro og love declaration legally binding?

Yes. Even though the declaration does not require notarisation, it is legally binding. A deliberately false declaration to a public authority can lead to criminal liability under sections 161 to 163 of the Criminal Code, and a false declaration to a private party can lead to civil liability for compensation and other consequences.

What is the difference between a tro og love declaration and a power of attorney?

A tro og love declaration is an assurance that something is true. A power of attorney, on the other hand, is an authorisation for another person to act on your behalf. The two documents are used for different purposes, but complement each other. You can, for example, issue a power of attorney and, in the same connection, give a declaration on tro og love about the underlying circumstances.

Can you refuse to give a tro og love declaration?

Yes. You are not obliged to give a declaration on tro og love unless a law or contract specifically requires it. But many authorities and institutions will reject your application or request if you do not give the required declaration.

What do I do if I am in doubt about the content?

Never declare matters you are not sure of. Instead, word it with a reservation ("to the best of my knowledge") and describe what you do and do not know. Consult a lawyer if in doubt before you sign a declaration with potentially far-reaching consequences.

Is a Danish tro og love declaration valid abroad?

A Danish declaration can be accepted abroad, but many countries require notarisation or an apostille. Contact a notary if the declaration is to be used in a foreign legal context.

Conclusion

A tro og love declaration is a simple but serious document. It is easy to draw up, but the consequences of an incorrect declaration can be serious. Use the declaration when it is necessary, word it precisely, and always make sure you know the recipient's specific requirements before you sign.

If you need to authorise another person to act on your behalf in connection with the declaration, for example during illness or a stay abroad, a power of attorney can be a useful supplement.

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The content of this article is for guidance only and does not constitute legal advice. Consult a lawyer for advice on your specific situation.