Witnessing a deed

In certain circumstances, a party’s signature to a deed must be attested by a witness.  For example, if the executing party is an individual or if a company executed the document by the signature of one director.

There is no statutory requirement for a witness to be independent or disinterested. Therefore there is no prohibition with a director’s wife witnessing his signature when he is signing for and on behalf of a company. However, it is important to be aware that if necessary, unbiased evidence of what was signed may be required as a matter of best practice.

An exception to the rule above would occur if both a husband and wife were party to a deed in their individual capacities. In these circumstances, they are not permitted to witness each other’s signatures and a third party witness should be sought.