If it is not possible to be in the physical presence of an independent witness, a family member or a person living together is sufficient, unless the witness is involved in the documents or in a larger transaction. The role of the witness is above all to protect himself against falsification or coercion. In the event of a dispute, a witness may be required to provide impartial evidence of the circumstances of the signature. However, my boss had told me that a witness had no responsibility, so there is no problem with the signature. It`s true? If you conclude that it is appropriate to simply testify to a signature, the use of the stamp “no legal advice sought or given” provides evidence of the limits of your mandate. Help keep this proof unassailable: Even if it means a larger number of signatories, it can still be preferable to any party that has to sign in the physical presence of a witness. In any case, you need to look at the specific laws to see what they require. For example, deeds of sale do not need to be signed by witnesses. However, the law requires that the witness not be a party to the document. (Note that there are other, stricter requirements for certain documents, such as wills.) It is preferable that your witness is not involved in the contract you are signing and that he does not receive any benefit from the agreement detailed in the contract. For example, a witness in your will should not be a beneficiary of your estate.
However, if you sign as a witness for something you did not actually testify, you may be held liable for fraud or negligent misrepresentation if someone suffers harm as a result of your false statement that you witnessed the signing of the document. While there are always specific exceptions, there is no general requirement that a model contract must have a witness. Instead, a contract is legally binding if it is: alternatively, certain documents must be attested, such as.B. a will and a will. A note could also be kept with the record of the practical reasons for the witness`s relationship with the signatory (i.e., it was because of the COVID-19 outbreak). However, as regards the execution of acts, it may be necessary for the signatures of the parties to be attested in order for the act to be validly executed. It depends on the type of party and how the document is signed. For example, if the signatory of a document is a person acting in his or her own capacity, his signature must be attested.  Similarly, a company that wants to execute an event of a single director, or an LLP that wants to execute an order of a single member, also needs this signature to be attested.  A lawyer witnessed signatures during transfers for an elderly mandandane who transferred title deeds with two of her three children to a joint tenancy. One of the children later claimed that the transaction documents were not appropriate and that no tax exemption was available.
The underlying purpose of the fear of a signature by a third party is for evidentious reasons. The witness could confirm that the signature on the agreement is indeed the signature of the party whose name appears. After our article on e-signature earlier this year, we reflected on the challenges of implementing agreements in a “socially distant” world. .