Witness signature

What is a witness signature?

A witness signature is the signature of a person who watched someone else sign a document and confirms it by signing as well. The witness does not become a party and takes on no obligations under the document. Their signature is evidence: if anyone later claims the signature was forged or made under pressure, the witness can say what they saw.

On the page, it usually looks like this:

Signed by Jane Smith in the presence of: Witness signature: ____________ Name: ____________ Address: ____________ Date: ____________

Witness vs. notary

The two are often confused, but a notary does more than watch.

Some documents need both. The power of attorney among the samples at the top of this page, for instance, is acknowledged before a notary and signed in front of at least one witness.

When is a witness signature required?

Most ordinary business contracts, such as service agreements, NDAs and purchase orders, do not need a witness to be valid. A witness is needed where the law, or the contract itself, says so. Examples:

• Deeds in England and Wales. A deed signed by an individual must be signed in the presence of a witness who attests the signature, under section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989.
• Real estate deeds in some US states. In Florida, for example, a deed conveying land must be signed in the presence of two subscribing witnesses, while a lease of real property needs none (Florida Statutes section 689.01).
• Wills. In England and Wales, a will must be signed or acknowledged before two witnesses present at the same time (Wills Act 1837, section 9), and a gift in the will to a witness, or to the witness’s spouse or civil partner, is void (section 15).
• Spousal consents in US retirement plans. When a spouse gives up their survivor benefit, the consent must be witnessed by a plan representative or a notary public (26 U.S.C. 417(a)(2)), as two of the sample clauses show.
• Powers of attorney, depending on the jurisdiction and the use.
• Documents where the contract requires it, such as amendments that must be signed and witnessed by a company representative.

Rules change by country and state, and they change over time, so check the requirement for the specific document and place.

Who can witness a signature?

General rules that apply in most places:

• An adult who is mentally competent.
• Not a party to the document. In England and Wales, one party to a deed cannot act as witness for another party.
• Independent where possible. Even where the law allows a spouse, relative or business partner, an independent witness is more credible if the signature is ever challenged. For wills, a witness who is also a beneficiary can lose their gift; in England and Wales the gift is void.
• Physically present when the person signs, unless the law allows remote witnessing.
• Identifiable: the witness should print their name and, often, address under their signature.

How to witness a signature

1. Check the signer’s identity, for example with a photo ID.
2. Watch the signer sign the document.
3. Sign the witness block yourself, in the same sitting.
4. Print your full name, and add your address and the date if the block asks for them.
5. Do not fill in or change anything else in the document.

Witness signature clause example

Remote and electronic witnessing

Electronic signatures are valid for most contracts in the US, the EU and the UK, and their legality by country is rarely the problem. Witness requirements are where they hit limits, because the law usually asks for presence, and whether a video call counts depends on the document and the place:

• Deeds in England and Wales: a deed can be signed electronically, but the witness still has to be physically present with the signer. The Law Commission confirmed this in 2019 and left video witnessing to future reform.
• Wills in England and Wales: witnessing by live video counted as presence only for wills made between 31 January 2020 and 31 January 2024, a pandemic rule written into section 9(2) of the Wills Act 1837. Wills made since then need witnesses in the room again.
• Florida real estate deeds: the two witnesses may attend through audio-video communication technology, under the conditions set out in section 689.01(2).

So before you send a witnessed document for remote signing, check the rule for that document type in that place. A business contract that only needs a witness because its own terms say so is easier, since the same terms can say how the witness signs, electronically included.

Adding a witness to the signing flow

When a document does need a witness, the witness signs right after the person they watched. In fynk, you can add the witness as an additional signer and set the signature order so the document reaches them only after the main signatory has signed, with each step tracked.

Which documents use witness signatures?

Deeds, wills, powers of attorney, real estate conveyances, spousal consents and beneficiary designations, some loan and security documents, and any contract whose own terms require witnessing. A franchise agreement can carry one too, for example where the owners sign a personal guarantee as a sealed instrument.

Related clauses

• In witness whereof The "In Witness Whereof" clause is a traditional concluding statement in legal documents indicating that the parties have read, understood, and agreed to the terms outlined in the contract. It is followed by the signatures of the parties involved, serving as formal acknowledgment of their consent and commitment.
• Signature page A signature page is the page at the end of a contract where the parties sign, usually with their printed names, titles and the date. In business contracts it often sits on its own page, introduced by the words "signature page follows", so it can be signed and exchanged separately.
• Counterparts A counterparts clause lets each party sign a separate, identical copy of a contract. Every signed copy counts as an original, and all of them together form one agreement, so the parties never have to sign the same piece of paper.
• Electronic signature The electronic signature clause allows parties to execute contracts using digital signatures instead of handwritten ones, facilitating faster and more convenient transactions. It ensures that electronic signatures hold the same legal validity and enforceability as traditional signatures, subject to applicable laws and regulations.
• Facsimile signature A facsimile signature is a reproduction of a handwritten signature, made with a rubber stamp, a printer, a scan or a fax, instead of being signed by hand each time. It is legally binding in many business contexts if the signer authorized it, but not where the law requires a handwritten signature.
• Witnesseth “Witnesseth” is an old form of “to witness” that traditional contracts place after the preamble, before the WHEREAS recitals. It means “this document records the following” and has no legal effect of its own, so modern contracts leave it out.

Frequently asked questions

• What is a witness signature?

  The signature of a person who watched someone sign a document and confirms it by signing too. The witness is not a party; their signature is evidence that the signing happened as stated.

• Who can witness a signature on a legal document?

  Usually any competent adult who is not a party to the document. An independent person, not a relative or someone who benefits from the document, is the safest choice.

• Can a family member witness a signature?

  Sometimes the law allows it, but it is best avoided. A relative's evidence is easier to challenge, and for wills a witness who benefits can lose their gift, as in England and Wales.

• Is a witness the same as a notary?

  No. A witness only watches the signing and signs to confirm it. A notary is a public official who also checks identity, records the act and adds a seal or certificate.

• Does a notary have to watch you sign?

  It depends on the notarial act. For an acknowledgment, you appear in person and confirm a signature you may have made earlier, so the notary doesn't have to see you sign. For a jurat, the notary gives you an oath and watches you sign. State rules differ, so check the handbook of the state where the notary is commissioned.

• Do contracts need to be witnessed?

  Most business contracts do not. Witnesses are needed for certain documents, such as deeds, wills and some powers of attorney, or where the contract itself requires them.