What documents cannot be signed electronically?

The question of whether a document can be signed electronically is really two separate questions. The first is whether electronic signing is permitted at all. The second is whether there are conditions attached, such as the need for a witness, or a particular type of signature.

For most documents, the answer to both questions is straightforward. For a smaller group, mainly formal legal documents and property transactions, the conditions are important and vary depending on where you are.

The table below covers the most commonly asked-about document types. The questions that follow explain the detail behind the most important categories.

Document types at a glance

Green: electronic signatures permitted without restriction. Red: not permitted electronically. Amber: permitted but specific conditions apply.

Basic Questions

Can I sign a will electronically?

No, not in the UK or the US. A will requires a wet-ink signature witnessed in person by two people who are both present at the same time. This is a long-standing legal requirement and it applies regardless of how straightforward the will is.

In England and Wales this rule comes from the Wills Act 1837. A temporary exception was introduced during the Covid-19 pandemic allowing wills to be witnessed by video call, but that exception expired in January 2022 and no longer applies. In Scotland the position is the same. In the US, wills are explicitly excluded from the federal law that permits electronic signatures.

If you sign a will electronically it will not be valid. Your estate could be treated as if you had no will at all.

Can I sign a property deed electronically?

Yes, but only in specific ways. A deed, including a property transfer, a mortgage, or a lease, must be signed in the physical presence of a witness. That requirement applies whether you sign electronically or in ink. Remote or video witnessing is not accepted.

In England and Wales, HM Land Registry accepts two methods. A Mercury signature is where you print the document, sign it in ink in front of a witness, then scan it. A Conveyancer-Certified Electronic Signature (CCES) is where you sign through a platform, again in the physical presence of a witness, with your conveyancer certifying the process was followed correctly. Your conveyancer will manage whichever method applies to your transaction.

A simple electronic signature, such as a typed name, is not sufficient for a deed, even though it is legally valid for most other documents.

Can I sign an employment contract electronically?

Yes. Employment contracts can be signed electronically in the UK and the US without any restrictions. There is no requirement for a witness, a specific type of signature, or a particular platform. A typed name, a platform-generated signature, or any other electronic method is valid.

Some employment documents, such as a settlement agreement in the UK, require the employee to have received independent legal advice before signing, but this is about the advice requirement, not the signature. The signature itself can still be electronic.

Can I sign a power of attorney electronically?

It depends on the type. An ordinary power of attorney, used for a specific transaction or period, can be signed electronically in most cases.

A lasting power of attorney (LPA) in England and Wales is more complex. An LPA must be signed in the presence of a witness, and the prescribed form set out by the Office of the Public Guardian must be followed precisely. The form itself has specific signature and witnessing requirements that limit how electronic signing can be used in practice. If you are setting up an LPA, your solicitor will advise on the current accepted methods.

In Scotland, the equivalent document is a continuing or welfare power of attorney. Similar formal requirements apply.

Can I sign a tenancy agreement electronically?

Yes. Tenancy agreements, including assured shorthold tenancies in England and Wales, can be signed electronically by both landlord and tenant. There is no legal requirement for a wet-ink signature or a witness for a standard tenancy agreement.

Some landlords or letting agents may have their own policies requiring a physical signature, but this is a preference, not a legal requirement. If the tenancy agreement is being used as the basis for a deed, for example a lease of more than three years, which must be executed as a deed, the deed rules apply instead.

GOING DEEPER

What exactly is a deed and why are the rules different?

A deed is a specific type of legal document that transfers a right, creates an obligation, or makes a solemn promise. The most common examples are property transfers, mortgages, leases of more than three years, lasting powers of attorney, and guarantees.

Deeds are treated differently because the law has always required more formality for them. In England and Wales, a deed must be signed in the presence of a witness, someone who is physically there and who also signs to confirm they witnessed the signing. This requirement comes from the Law of Property (Miscellaneous Provisions) Act 1989.

The key point is that this witness requirement applies to the act of signing, not to the type of signature. You can sign a deed electronically provided the witness is physically present. What you cannot do is have the witness watch over a video call, or sign separately without being present at the moment you sign.

Does a document need a witness to be signed electronically?

Most documents do not need a witness at all, whether signed electronically or in ink. Everyday commercial contracts, employment agreements, supplier agreements, and most other business documents have no witness requirement.

The exceptions are documents that must be executed as deeds. These require a witness who is physically present. The witness must sign the document themselves to confirm they were there. They cannot be a party to the document. They must be an independent third party.

If you are unsure whether a document needs a witness, the question to ask is whether it is a deed. If it is not a deed, it almost certainly does not need one.

What documents are excluded in the US?

The federal ESIGN Act 2000 explicitly excludes a specific list of document types from the general rule that electronic signatures are valid. These are:

• Wills, codicils, and testamentary trusts
• Adoption and divorce documents
• Court orders and official court documents
• Notices of cancellation or termination of utility services
• Notices of default, foreclosure, eviction, or repossession relating to a primary residence
• Notices of cancellation of health or life insurance
• Notices relating to hazardous materials or substances

Beyond these federal exclusions, individual states may impose additional requirements. Real estate transactions in particular vary significantly between states, and some require notarisation which has its own rules. If you are signing a document with specific state-law implications it is worth checking the rules for that state.

What is the position in Scotland?

Scotland has the same broad position as England and Wales. Most documents can be signed electronically, and the exceptions follow a similar pattern. The detail differs in two ways.

First, the formal requirements for Scottish deeds are set out in the Requirements of Writing (Scotland) Act 1995. For a document to be self-proving in Scotland, meaning a court presumes it is valid without further evidence, it must carry a qualified electronic signature. An advanced electronic signature is sufficient for authentication but does not make a document self-proving.

Second, wills in Scotland require a wet-ink signature. The formal requirements for Scottish wills have not been relaxed in the way that the temporary Covid exception briefly relaxed them in England and Wales.

Can the rules change? Have they changed recently?

Yes, and they have. The clearest recent example is will-signing in England and Wales. During the Covid-19 pandemic the government temporarily changed the law to allow wills to be witnessed by video call. That change applied to deaths between January 2020 and January 2022. It has since expired and the original rules now apply again.

HM Land Registry has also updated its practice over time. The Conveyancer-Certified Electronic Signature process was formalised in Practice Guide 82, first published in March 2022 and updated in July 2025. The terminology changed from ‘witnessed electronic signature’ to ‘conveyancer-certified electronic signature’, and the process was refined.

The EU’s digital identity wallet (being rolled out by end of 2026) will change some of the practical landscape for EU-based signers, particularly around identity verification for regulated documents. This does not apply to the UK. Signatures.com will update this page as the rules develop.

What happens if I sign a document electronically when I should not have?

It depends on the document and the circumstances. For a will, the consequences are serious: an electronically signed will is not valid, and if there is no valid earlier will, your estate could be distributed as if you had died without one. That may be very different from your wishes.

For a deed, an invalid signature could mean the document is unenforceable. In a property transaction this could cause the transfer not to complete, or create a dispute about whether ownership has passed. The practical consequences depend on what the parties have done in reliance on the document.

For most other documents, the consequences are likely to be less severe. The document may be treated as a binding agreement even without a technically valid signature, depending on what the parties intended and how they have acted. But this is not something to rely on. If you are in doubt about whether a document requires a wet-ink signature, take advice before signing.