#Witness meaning how to

Whilst finding an impartial, non-co-habiting witness who can be physically present at the point of signature would not ordinarily present a significant obstacle for most people, social distancing measures and the current increase in non-office-based working certainly make it more challenging.

Therefore, it is not yet possible to witness a signature via a video call or other virtual methods. This is the case even where both the person executing the deed and the witness are executing / attesting the document using an electronic signature.” “ … the requirement under the current law that a deed must be signed ‘in the presence of a witness’ requires the physical presence of that witness. The Law Commission’s 2019 report on the electronic execution of documents confirms that this means physical presence:

It is a statutory requirement that the witness must be present when the executing party signs the deed. It is best practice for the witness to print their name and provide their address and occupation in the attestation clause so that they can easily be contacted should they need to be called upon to help resolve any issues that arise in relation to the execution of the deed.ĭoes the witness need to be physically present? The witness is not required to vouch for the identity of the signatory or read the document. There is no clearly prescribed method for attesting signatures set out by statute, but the generally accepted approach is that the witness: (1) watches the signatory sign and (2) “attests” to the signature by signing a statement in the deed (commonly referred to as an attestation clause) confirming that the deed was signed in their presence. There is no specific bar preventing minors (under 18s) from acting as witnesses, although it would be safer to use an adult witness in order to avoid any subsequent challenge as to the witness’ reliability or mental capacity based on their age.Ĭonsequently, the ideal witness under English law is a person aged 18 or over, who is not a party to the deed, has no commercial or financial interest in the subject matter of the deed and no close personal relationship with the person whose signature they are witnessing. unconnected to the parties or subject matter of the deed), given that a witness may be called upon to give unbiased evidence about the signing, it is considered best practice for a witness to be independent and, ideally, not a spouse, co-habitee or close family member of the individual signing the deed. Whilst there is no statutory requirement for a witness to be “independent” (i.e. It was established by case law over 150 years ago that a party to a deed cannot also act as a witness to the execution of such deed. In the event of a dispute, a witness may be required to provide unbiased evidence about the circumstances of the signing. The witness’s role is primarily to guard against forgery or duress. Similarly, a company that wishes to execute a deed by only one director, or an LLP that wishes to execute a deed by only one member, will also need this signature to be witnessed. For example, where the signatory to a deed is an individual acting in their own capacity, their signature must be witnessed.

This depends on the nature of the contracting party and the method used to sign the deed. In relation to the execution of deeds, however, there may be a requirement for the signatures of the parties to be witnessed in order for the deed to be validly executed.

#Witness meaning how to

In this article we review who makes a suitable witness for signatures and how to navigate the witnessing requirements under English law.Ī witness to the signature of an agreement will not normally be required if the agreement is a simple contract. One such challenge relates to the practicalities of getting signatures witnessed. Following our article on e-signatures earlier in the year, we have been reflecting on the challenges for executing agreements in a “socially distanced” world.