Guidance – Deed of Execution

To execute the deed properly, make sure you understand its contents and then sign and date it. Ensure that all parties to the deed sign the document and have their signatures witnessed.

It’s advisable that all signatures on the deed are witnessed by independent individuals, such as a friend, work colleague, or neighbour (not a blood relative or someone you live with). Below are some guidelines on execution:

1. Signature: The individual must sign the document. The signature should be on the document itself, clearly naming the signatory or indicating who has signed it. Sign manually with ink or another indelible medium, not in facsimile
2. Attestation by a Witness: The individual must sign “in the presence of a witness who attests the signature.” The witness should clearly record witnessing the signing of the deed and provide their name and address legibly on the deed for future reference. It’s best if the witness is at least 18 years old or mature enough for their testimony to be reliable.
3. Delivery: The document must be “delivered as a deed” by each person executing it or by someone authorised to do so on their behalf. Delivery indicates an intention to be bound by the provisions of the document.

In practice, it’s assumed that a document has been delivered as a deed unless there’s evidence to the contrary.