The requirements for witnessing a signature for … The purpose of this is to avoid fraudulent documents whereby one person signs on another person’s behalf. 26 November 2011 1)If a person related to the documents can he sign in the place of witness, if signed is it a documents get valid or rejected. Not all signatures to documents need to be witnessed. It is quite common for people to sign something without even reading it or knowing what s/he has signed. Assuming the witness has kept a copy of the document, they will be able to verify the original, legitimate document. Currently, Indiana Code §32-21-2-3 requires any document to be recorded must be either acknowledged by grantor or proved before a list of specified persons. Depending on where you live, the court may request or require that certain legal documents be witnessed by one or more people. Pursuant to Section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989 each individual must sign “in the presence of a witness who attests the signature”. The Lord Chancellor recently confirmed that deeds can be signed electronically, including those needing witnesses, as long as the witness is physically present at the time of the signature. Witnesses cannot benefit from the contract in any way or be related to one of the parties. Avoiding a relative as a witness is particularly important in wills as it is likely they will be a beneficiary. Michalsons: Is a Witness Signature required on a Contract or Agreement? In a legal contract, a witness is someone who watches the document be signed by the person they are being a witness for and who verifies its authenticity by singing their own name on the document as well. This could be done on a hard copy that is scanned and sent to the witness or on an identical counterpart of the document the signatory signs. This is simply because he's an interested party, and an interested party cannot be a witness, because they cannot be impartial. However, if you have a legal document such as a mortgage or a Will the chances are that you will want a witness to attest to your signature. The key rationale is that it helps to ensure the person signing the document is actually the correct person. If a question regarding the signature on a legal document comes up, a witness may be called upon to testify in court that the individual whose name is on the legal document signed the document in their presence. So, if you named your best friend in your will, he cannot serve as a witness. Legal documents that often need witnesses include wills, mortgages, contracts, divorce decrees and other property settlement documents. HM Land Registry, in particular, states that it is not possible for an electronic signature to be physically witnessed in the way that a pen and ink signature can. Deciding on who can be a witness to the signature of a legal document, can be quite complex and not as straightforward as it may seem. Who is eligible to be a witness for a document Anyone who is a legal adult and has no financial interest or connection with the document in question (that is being signed during the notarization) can be a witness. Be acquainted with the person they are witnessing for, Be of sound mind and have capacity to witness, Must not be a beneficiary or party of the legal document, Must not be under the influence of drugs or alcohol, Commissioner of the court for taking affidavits, A person having authority to administer an oath. As long as the person is disinterested (that is, has no interest in the outcome of any process or proceeding related to the document), at least 18 years old and of sound mind, she can be a witness. So who can be a witness? Unless statute or the document itself provides for otherwise, electronic signatures can be used to sign documents (including contracts and deeds) governed by English law provided that (i) the person signing the document intends to authenticate the document and (ii) any formalities relating to execution of that document are satisfied. Ideally a witness will observe the relevant party or parties signing the document and then the witness will sign the document as proof that they witnessed the parties signing. A notary public in New Zealand is a lawyer authorised by the Archbishop of Canterbury in England to officially witness signatures on legal documents, collect sworn statements, administer oaths and certify the authenticity of legal documents usually for use overseas. Are also perceived to be present ” when the document by writing the full legal name, address... Dictionary: who can or can not serve as a witness of a legal.! 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