When doing this, the signature page should clearly identify the document to which it relates.
Therefore a witness should be independent and it is best practice to interpret this widely.A witness should not be the signatory’s spouse or partner or a family member, and should not have a personal interest in the provisions of the document.Gleeds was a partnership that operated a final salary pension scheme.Over a period of more than fifteen years from 1991, a number of deeds of amendment were executed making significant changes to the pension scheme, including closing the scheme to the future accrual of benefits.Delivery fixes the date from which the executing party is bound by the deed, and once delivered, a deed is irrevocable in the absence of an express right of revocation.
At common law, a deed is delivered when a party expresses an intention to be bound by the deed, even if it retains possession of the document.If that document was later required to be produced in evidence, an English court would accept the composite version. In February 2010, the Law Society published a practice note on the execution of documents by virtual means, which represents its view of good practice.When executing a simple contract between two parties which are not physically present at the same meeting, it is acceptable to use pre-signed signature pages.Case law has confirmed that a party to the document cannot act as a witness to another party’s signature.It is advisable that a witness is aged eighteen or over. If the parties to an agreement do not intend to sign the same physical document, it is best practice to include a counterparts clause in the agreement which in effect creates more than one original document.There is no such presumption for execution by an individual.