Who can be a witness?

The law says that anyone who is not a party to the deed can be a witness.

However, we recommend that you only choose someone who is:

• over 18;
• not a close relative; and 
• resident in the UK.

Certain organisations and government departments may not accept deeds (including deed polls/change of name deeds) where they have been witnessed by someone under 18 or a member of your family.

Your witness also needs to be contactable if there are any queries about the deed. They should have an address in the UK and write it clearly on the deed beneath their signature.

Do I have to be with my witness(es) when I sign?

Yes. Your witness(es) must not only be able to see you but must also be with you when you sign

Temporary changes to this requirement during Covid (which allowed remote witnessing)  have now ended.

It is possible to witness through glass if you are socially distancing.

You do need to be able to see the signatory actually signing the document.

How many witnesses do I need to attest my signature on a deed?

The law

The rules on execution of deeds in England and Wales are set out in the Law of Property Act (Miscellaneous Provisions) Act 1989.

Scenario 1 – you are physically able to sign the deed yourself

If you are physically able to sign the deed yourself, you need 1 witness. The witness must be physically present and able to see you sign.

Scenario 2 – you are not physically able to sign the deed yourself

If you are not able to physically sign your name, you can direct someone else to sign a deed in your name on your behalf.

You must be with that person when it is signed and able to direct that person to sign for you.

In this scenario you need 2 witnesses. This is an additional safeguard.

Government website

There is conflicting information on the government website.

However, its guidance to passport office workers, here,  is to accept unenrolled deeds signed by 1 person. That person does not have to be a solicitor.

We nevertheless recommend that all changes to your name are witnessed by 2 witnesses to avoid any issues.

Can someone else sign a deed on my behalf?

Yes.

If you are physically unable to sign the deed, you can direct a person to sign it for you.

The person you choose to direct, must be present with you when they sign. Their signature must be witnessed by 2 witnesses rather than 1.