Can an electronic signature be witnessed?

Quick answer · the 30-second read

Yes. In England and Wales an electronic signature can be witnessed, but the witness must be in the room when the person signs. Watching by video call does not count. The Law Commission confirmed this in its 2019 report on electronic execution of documents (Law Com No 386). A deed can be signed and witnessed electronically, as long as the witness is physically present. The witness then adds their own electronic signature to confirm what they saw. HM Land Registry accepts property deeds signed this way, subject to conditions set out in its practice guide 82.

Key facts When an individual signs a deed in England and Wales, a witness must watch them sign and then sign to confirm it (Law of Property (Miscellaneous Provisions) Act 1989, section 1(3)). The Law Commission confirmed in 2019 (Law Com No 386) that electronic signatures can be witnessed, but the witness must be physically present. Video witnessing is not valid for deeds. The witness confirms the signature with their own electronic signature, applied through the same platform. HM Land Registry calls these conveyancer-certified electronic signatures. It used to call them witnessed electronic signatures, and practice guide 82 now says that older term was misleading. Signers and witnesses must each enter a one-time password of at least six digits, sent by text (practice guide 82, section 3.2). An individually regulated conveyancer must certify to HM Land Registry that the requirements were met. Qualified electronic signatures are used for dispositionary documents under section 91 of the Land Registration Act 2002. These are not deeds, so no witness is needed. A witness and signatory may be separated by glass, such as a car or house window, provided the witness can clearly see the signing (practice guide 8, section 2.1.2). A party to the deed cannot witness another party's signature (Seal v Claridge (1881) 7 QBD 516). A witness must add their full name and address legibly, including the postcode. A company can sign a deed with no witness at all, using two authorised signatories (Companies Act 2006, section 44). Wills need two witnesses physically present and cannot be signed electronically (Wills Act 1837, section 9).

What does the law require when a signature is witnessed?

The main witnessing rule in England and Wales applies to deeds. These are formal documents such as property transfers, mortgages and some powers of attorney. When an individual signs a deed, the law says they must sign 'in the presence of a witness who attests the signature' (Law of Property (Miscellaneous Provisions) Act 1989, section 1(3)). In plain terms, someone else must watch them sign. The witness then signs the document too, adding their own name and address, to confirm what they saw. The same rule applies when a single company director signs a deed (Companies Act 2006, section 44(2)(b)).

Can the witness attend by video call?

No. The Law Commission looked at this question directly and concluded that 'in the presence of a witness' means the witness must be physically there. Watching on a screen, whether by video call or through a signing platform, is not enough. This is true even when both the signer and the witness are using electronic signatures. The Government said in March 2020 that it agreed. The Law Commission recommended that video witnessing be considered as a future reform. The law has not changed. For deeds, the witness must still be in the room.

Practice guide 8 does allow one exception to being in the room. A witness and signatory can be separated by glass. HM Land Registry gives the example of a witness looking through a car or house window, provided they can clearly see the person signing. The test is a clear line of sight, not a shared doorway.

Can the witness sign electronically?

Yes. The witness does not need a pen. As long as they are physically present and watch the signer apply their electronic signature, they can confirm it by adding their own electronic signature to the same document. Practice guide 82 describes exactly this process for property deeds. The signer enters a one-time password and signs while the witness watches. The platform then emails the witness, who enters their own one-time password, signs, and adds their address.

What does HM Land Registry accept for property deeds?

HM Land Registry registers property ownership in England and Wales. It has accepted electronically signed deeds since 27 July 2020. The current rules are in practice guide 82, which covers electronic signatures, and practice guide 8, which covers how deeds are signed.

The terminology changed in June 2026. HM Land Registry now calls these conveyancer-certified electronic signatures. It previously called them witnessed electronic signatures, and practice guide 82 now states that the older term was misleading, because some documents signed this way do not need a witness at all.

Three requirements apply to a deed signed this way.

The first is that every party must be represented by a conveyancer. This includes parties who are not signing. There are three exceptions. For a mortgage, discharge or release, only the lender needs a conveyancer. For an assent, only the personal representatives need one. For a power of attorney, only the donor needs one.

The second is that a conveyancer must set up and control the signing process through the platform.

The third is that a conveyancer must certify to HM Land Registry that the requirements in practice guide 82 were met. The certificate must be signed by a named individual, such as a solicitor or licensed conveyancer, rather than given in the firm's name.

The signing process itself has fixed steps. The platform sends each signer a one-time password by text, of at least six digits. The signer enters it and signs while the witness is physically present. The witness then receives their own email and one-time password, signs, and adds their address. A conveyancer dates the document inside the platform. HM Land Registry does not approve or list particular signing platforms.

Mixing signature types is restricted. A signer and their witness must both sign the same way through the platform. A signer using wet ink with a witness signing electronically is not acceptable, and neither is the reverse.

When is no witness needed?

There are three situations. The first is a company signing through two authorised signatories, such as two directors, or a director and the company secretary (Companies Act 2006, section 44). No witness is required and the signatories do not have to be in the same place.

The second is an assent of unregistered land, which passes property from a deceased person's estate to whoever inherits it. Practice guide 82 sets out the same signing process for these, but without the witness steps.

The third is a qualified electronic signature, or QES. This is a stronger form of signature that verifies the signer's identity in advance through a qualified certificate. It is used for what HM Land Registry calls dispositionary documents, under section 91 of the Land Registration Act 2002. These documents can transfer a legal estate but are not deeds, and because they are not deeds the signatures do not need to be witnessed. A notice effective from 1 June 2026 allows any registrable disposition to be made this way. HM Land Registry has said it intends to publish a separate practice guide covering dispositionary documents and QES.

Who can act as a witness?

Almost any independent adult, with one firm rule and several cautions. The firm rule is that a party to the deed cannot witness another party's signature.

The law does not prevent a signatory's spouse, civil partner or partner from acting as witness, provided they are not a party to the deed. Practice guide 8 advises against it anyway. It also advises that a witness should be at least 18, or old enough that their evidence could be relied on if the signing were ever questioned.

The witness must print their full name and address legibly on the deed, including the postcode. HM Land Registry is explicit about why. If a dispute arises about how the deed was signed, someone may need to find the witness and ask them.

One witness can witness several signatures. Each signature must be attested separately, unless the wording on the deed makes clear the witness saw every named person sign.

Which documents need a witness at all?

Fewer than most people think. Ordinary contracts do not need witnesses, so most electronically signed documents never raise the question. Witnessing mainly applies to deeds signed by individuals. Wills are the strictest case. A will must be signed on paper in front of two witnesses who are physically present, and it cannot be signed electronically (Wills Act 1837, section 9). This page describes the law of England and Wales. Scotland has its own rules, under the Requirements of Writing (Scotland) Act 1995. For the wider picture, see Are electronic signatures legally binding in the UK?.