Witnessing A Legal Document

Witnessing Documents
 
Legal documents, such as contracts or trust deeds, commonly need to be signed in front of a witness. The rationale for this is to minimise the risk of people fraudulently entering into agreements and other legal documents. Further, provided the witness keeps a copy of the document, if the parties produce two different documents at some point in the future, the witness will be able to identify which document is authentic. 

This article explores who can witness your signature to a legal document and what documents they may require you to produce.

Who Can Be a Witness?
Generally, there is no need for a witness to have an official status. However, a witness should:

• Be over 18 years of age;
• Be of sound mind;
• Not be under the influence of drugs;
• Not be a party to the document or have any financial interests in the document; and
• Have known you for at least one year OR have taken reasonable steps to verify your identity.
  

Can a family member or spouse witness a document?
Generally the person you choose to witness a document should have no financial or other interest in an agreement. A neutral third party is the best choice. A neutral third party is someone not related to either party and who does not benefit from the contract. 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. The witness is not usually required to know or understand all of the contents of the document. 

What Documents Will a Witness Need to See?
If your witness has known you for a year or more, they will not need to do anything to verify your identity. However, if your witness has not known you for a year, they should take steps to verify your identity before witnessing your signature.

To verify your identity, your witness will probably ask you to produce documents, preferably containing a recent photograph, confirming you are who you say you are. You will generally need to show your witness either:

• One primary photographic identification document such as drivers licence, passport; OR
• One primary non-photographic and one secondary identification document such as birth certificate, pension card, a current rates or utilities notice.
  Together with a copy of the signed documents, your witness will probably ask to keep a copy of the document you produce for their records. This is in the event they are requested to confirm whether a document is authentic in the future.

Key Takeaways

Having a document correctly witnessed is important, both to yourself and the witness. If a witness fails to comply with his or her obligations, he or she may be subject to a fine. If you need any additional information about who can witness your document, or what your obligations are as a witness, please do not hesitate to contact our office.
 
From LegalVision article, 30 October 2015