Solicitors for Witnessing Document Signatures

Elliot Hillier

Solicitor (2023 Qualified) / Director
Heald Green, 0161 283 6573
Get in Touch
Dan Chadwick
Dan Chadwick
1748941505
We recently sold and bought a new property, Anna B was our solicitor (both sale and purchase). Our chain was very long and there were several factors causing issues and delays. Anna and the team at the Cheadle branch, worked very hard to ensure the success of the chain. My husband and I are extremely grateful for all their hard work and support throughout the process - which at times was stressful! We would highly recommend.
Laura Anderson
Laura Anderson
1748536946
I can not speak highly enough of Anna Beavers at Mounteney, she helped us with our recent house sale and purchase, when I say helped, she guided us through it expertly, explaining things as went along, Anna was very professional but also down to earth and kept us up to date with progress. One thing that stood out for us was how responsive Anna was, ALWAYS getting in touch when she said she would, emailing back very promptly to enquiries, chased other conveyancers when needed, this was a huge positive for us and made the whole experience so much better than we thought. Thank you so much Anna!
radu muntean
radu muntean
1747855457
I have dealt with a number of solicitors during the last few years and I think that Mr. Ian McKenna is by far the best solicitor I've ever worked with.He is very efficient, he has an outstanding expertise, and he has a very high level of professionalism. All these qualities make him a great person to deal with.I really appreciate how he handled my property purchase from start to finish and I will definitely use his services again.
Hetal Knowlson
Hetal Knowlson
1747835491
Anna Beavers was our solicitor and she was excellent. Very responsive via email/call, gave good advice, navigated the challenges of sale/purchase well and managed to complete a purchase in 6 weeks! She went the extra mile to make sure we could complete so quickly. We were so glad we went with her, service was top class. Thank you Anna!
Eleanor Bowkis
Eleanor Bowkis
1747249570
Anna Beavers was our solicitor for sale and purchase. We cannot praise her enough. She was amazing throughout, extremely quick at responding to emails and kept us updated as much as possible.She ensured all funds were ready for our completion date and made everything effortless. We were completed and in our new home by 1pm! Incredible service from Mounteney and we will use them again in the future for sure.
Lucy Wiggins
Lucy Wiggins
1746529958
Very good communication- friendly, approachable staff- made the whole experience less stressful!
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Description

Usually there will be a £75 charge for:

1. witnessing documents for you; or

2. providing a solicitor-certified copy of a single page document (see Certified copy Power of Attorney for certified copy LPA’s).

A person under 18 years old may not be able to enter into binding legal relationships (other than for life-essentials).

A signature can by any mark by the person signing (“signer”); it can be their customary mark they always make, usually a stylised version of their name, or any other indication they intend to agree the document. An “X”-mark has traditionally been sufficient signature of an illiterate person (rather oddly, since the cross symbol customarily indicates disapproval compared to a tick symbol of approval). Peculiar marks are apt to cause issues, however, so are best avoided if possible.

If the document being witnessed is a deed, then signing under words such as “executed as a deed” or “signed as a deed” may be required; HM Land Registry apparently prefer, “executed as a deed”, over “signed as a deed”.

It is a statutory requirement that a witness must be physically present with the signer when the signer either:

1. Actually signs the document, or

2. confirms to the witness that their signature already on the document is their signature.

Video calls or other virtual methods that do not include actual physical presence are, therefore, not normally satisfactory for witnessing.

There are debatable circumstances – such as where the witnessing occurs through glass; this would best be avoided – but the general rule is that the witness must be able clearly to see the signer when they signed, or confirmed their mark (by definition a confirmation would mean the witness could also hear the confirmer).

The witness being able to see the signer is essential because the witness is, mainly, confirming the signer’s mark against the appearance of the person whom that witness actually saw signing etc. Accordingly, a witness must possess proper eyesight, the area be sufficiently illuminated, clear from fog etc.

A witness is not necessarily certifying that the person they saw signing was actually the person named in the document – i.e. the witness does not have to ascertain for themselves that the signer actually is the person whom the signer is signing for – only that the witness saw the person who claimed to be the person said to be signing.

A witness does, however, certify that:

1. The signer was not under any direct physical ‘duress’ at the time the witness witnessed them, meaning the person signing was not, at the moment the witness signed, being physically forced to sign, e.g. by the threat of immediate violence should they fail to do so (“a gun to the head”), or by their hand being actually forced. Note, however, that ‘duress’ does not include mental “undue influence” or pressure or sign – only physical force or threat. Sometimes the duress issue means seeking to witness the parties separately to the presence of any other parties.

2. The signor apparently had mental capacity to sign – in short, that the signer appeared to be able to understand that their signature had some significant legal consequence [though they might be unclear on precisely what the consequences might be].

These requirements infer that the witness themselves has to have sufficient mental capacity to discern such matters [regardless of whether the witness is aware of their role in doing so].

A witness to a document should not be a party to that document – such a witnessing would be legally invalid – i.e. the document would be deemed not to be witnessed at all. The legal effects of that could be complicated.

It is invariable legal practice also to avoid the use as witnesses of any person who is:

1. Aged 17 or less; or

2. closely related either to the signer or any other party to the document, e.g. not cousins, aunts & uncles or closer; or

3. living at the same address as the person whose signature is being witnessed; or

4. in some kind of close social or business relationship with the person whose signature is being witnessed

Although such witnessing would not be technically legally invalid, many instructions, e.g. lenders, will actually require an independent adult witness.

How long will it take?

We will normally witness at our offices immediately we are asked during office hours – it normally only takes a few minutes.

If you need a particular person to witness, e.g. a solicitor, then you might be best to telephone before arriving to check their actual availability.

Money Matters

We will charge a £75 fee for witnessing documents for you, or providing a solicitor-certified copy of a single page document (see Certified copy Power of Attorney for certified copy LPA’s).

If you have any questions, require any further information, or would like to engage us on the T&Cs linked Our Terms in the footer below, please don’t hesitate to Contact Us.