Direct Access Barrister
Document Execution
Before you sign · please read
Signing a document as a deedThe witnessing rules that decide whether your signature counts
Some documents — trust deeds, transfers of property, powers of attorney and certain agreements — must be signed “as a deed”. The formalities are simple, but they must be followed exactly: get them wrong and the document can be invalid. This short guide explains how to do it properly. Keep it with any document we send you to sign.
01
What “as a deed” meansA deed is a particularly formal kind of document. To sign one validly, you sign in the presence of a witness who watches you sign and then signs underneath, adding their name, address and occupation. The document will usually say “signed as a deed by… in the presence of…” — that wording tells you a witness is required. Use a black pen, and do not date the document yourself unless we have told you to; deeds are dated only once everyone has signed.
02
Who can — and cannot — witnessA witness should be
—An independent adult, aged 18 or over.
—Someone present in the room who actually watches you sign.
—Able to give their own name, address and occupation.
A witness should not be
—Someone also signing the document.
—Your husband, wife, civil partner or close family, where this can be avoided.
—A beneficiary of the document — a beneficiary should never witness.
A neighbour, friend or colleague who is not involved in the document is usually ideal. Where two or more people are signing, each should sign in front of their own witness, and the same witness should not witness a settlor and a trustee where that can be avoided.
03
How to do it, step by step1Have your witness in the room with you before you start. They must actually see you sign.
2Sign your name in the signature box, in black pen, exactly as your name appears on the document.
3The witness then signs beside or beneath your signature and prints their full name, address and occupation.
4Do not alter, cross out or add to the document. If something looks wrong, stop and contact us before signing.
5Leave the date blank unless told otherwise, and return the signed document to us as directed.
One last check. Signing “remotely” — with the witness watching over a video call — does not satisfy the witnessing rule for a deed. The witness must be physically present. If getting everyone in the same room is difficult, tell us and we will arrange it properly.
This guide is general information about executing deeds and does not constitute advice on a particular document. If anything is unclear, contact me before you sign. |