A witness to a signatory of a legal document plays an important role as part of the validity/authentication process for any legal transaction. Their presence establishes a powerful safeguard that helps prevent fraud and resolve future disputes, ensuring the document maintains its legal validity under UK law. This witness function forms a cornerstone of document verification in the British legal system.

However, not just anyone can fulfil this important responsibility. Specific requirements must be met for someone to legally witness a signature to legal documents. Failing to adhere to these witness requirements can potentially invalidate the entire document, compromising its recognition and/or enforceability. Understanding exactly who qualifies as an appropriate witness is essential for anyone seeking to create legally binding documentation.

The Crucial Role of a Witness in Legal Documents

Witness signatures serve several important functions, which can include any or all of the following:

  • Confirming the identity of the signatory (the person signing the document).
  • Verifying that the signatory understood the document they were signing.
  • Ensuring that the signature was made freely, without any force or duress.
  • Reducing the risk of forgery or impersonation.
  • Providing evidence if the signature is later challenged in legal proceedings.

A witness is often required to verify the identity of the signatory, ensuring they understand the document and are signing voluntarily. The presence of a witness adds a formal layer of protection, making the document more enforceable in legal processes.

General Requirements for a Valid Witness in the UK

Most legal documents in the UK require a witness to meet the following criteria:

Age requirement: The witness must be at least 18 years old (16 for wills in Scotland, but generally 18 in the UK).

Mental capacity: The witness must be of sound mind and fully comprehend the witnessing process.

No personal interest: The witness can’t have any financial or personal interest in the document’s outcome.

Not a party to the document: The witness must not be a signatory or directly involved in the agreement.

Impartiality and independence: A witness should ideally be independent, avoiding family members where possible.

Physical presence: The witness must be physically present when the signatory signs the document. Some platforms, like DocuSign, have eWitnessing functions, but the witness must still be physically present at the time of signing. 

Specific Witnessing Requirements for Different Types of Legal Documents

Some legal documents have specific rules when it comes to witnessing. Below we outline the requirements for the following specific kinds of documents:

Deeds

  • The witness must be physically present.
  • They should not be a party to the deed.
  • Company deeds require a director, secretary, or authorised signatory to sign in the presence of a witness (alternatively two directors or one director and secretary can sign in the alternative).

Wills

  • Must be signed in the presence of two independent witnesses.
  • Witnesses must also sign the will in the presence of the testator of the will.
  • For a will to be valid, witnesses cannot be beneficiaries or married to a beneficiary.

Lasting Power of Attorney (LPA)

  • The donor’s signature must be witnessed by someone over 18 who isn’t named as an attorney.
  • An attorney’s signature must be witnessed by someone who is not the donor.
  • Witnessing must be done in person, not remotely.

Mortgage Deeds

  • Requires an independent witness.
  • The witness must not be a family member, partner, or have a financial interest in the transaction.
  • Mortgage advisors cannot act as witnesses.

Other Documents

  • Affidavits and statutory declarations will require a Justice of the Peace, solicitor or commissioner of oaths to be a witness and to administer the oath, affirmation or declaration.
  • Corporate documents may require specific company officers as witnesses.

Who Can and Can’t Act as Your Witness

When choosing someone to witness your signature, ensure they meet all legal requirements and are impartial.

Suitable Witnesses (Subject to Specific Subject Document Requirements)

  • Friends (if they’re independent and meet the requirements)
  • Colleagues
  • Neighbours
  • Legal professionals (e.g., notaries and solicitors)
  • Other impartial adults

Unsuitable Witnesses

  • Anyone under 18 years old
  • Parties to the document
  • Beneficiaries of a will or LPA (and their spouses/partners for wills)
  • Those with a financial interest in the outcome
  • Close family members (to avoid perceived bias)
  • Individuals lacking mental capacity
  • Mortgage advisors for mortgage deeds

Electronic and Remote Witnessing in the UK

Electronic witnessing means both parties are together but using digital tools, whereas remote witnessing (via video link) was used during the COVID-19 pandemic, but isn’t legally recognised for all documents (e.g. deeds where either physical witnessing is required).

Electronic Witnessing (Witness is Physically Present)

In this scenario, the witness and the signer are in the same physical location, but the document is signed electronically rather than on paper. These days, electronic signatures are generally accepted for most documents in the UK.

Platforms like DocuSign offer electronic signing and witnessing features. For example: You meet in person, and use DocuSign to sign a deed on a tablet. The witness is present, will witness the signature, and also electronically sign to confirm they witnessed it.

Remote Witnessing (Witness is Not Physically Present)

In this case, the witness observes the signing via a video call (e.g., Zoom) rather than being in the same room. While it was considered during COVID-19 days, UK law generally doesn’t permit this for documents that require a witness to be physically present, like deeds and wills.

Choosing the Right Witness: Common Mistakes to Avoid

To ensure your document is legally valid, avoid:

  • Choosing a party to the document as a witness. The witness can’t have direct involvement in the agreement, contract, or legal transaction outlined in the document.
  • Using a minor or someone lacking mental capacity.
  • Selecting a beneficiary (for wills/LPAs) or someone with a financial interest.

How We Can Assist with Witnessing

If you need someone to witness your signature, Notary.co.uk provides professional witnessing services for a range of legal documents. Our notaries act as independent, impartial witnesses, helping to prevent disputes and ensuring your documents meet all legal requirements.

We can witness signatures for a range of documents, including:

  • Deeds (including company deeds and mortgage deeds)
  • Powers of Attorney (both UK and international use)
  • Affidavits and Statutory Declarations
  • Company and business documents
  • Contracts and agreements requiring an official witness
  • Travel consents

Conclusion

Selecting the right witness is crucial for the validity of legal documents in the UK. Understanding the requirements and choosing an impartial, independent witness helps prevent future legal complications. Using a notary public as a witness provides added assurance of authenticity, making your document more widely accepted, particularly for international use. If unsure, seek professional advice to ensure compliance with UK law.

Need a professional witness? Contact Notary.co.uk on 020 7630 1777, or email us at info@notary.co.uk with questions or to schedule your appointment.