When it comes to signing a deed of agreement, it is important that the signature is witnessed in order for the agreement to be legally binding. A witness is someone who is present at the signing of the document and verifies that the parties involved have signed the document voluntarily and under no duress. The witness must also attest that they were present when the document was signed.
The question that often arises is, who can witness a deed of agreement? The answer is simple. A witness can be anyone who is over 18 years old and is not a party to the agreement. It is important to note that the witness must not have any personal interest in the agreement. This means that they should not be a family member, a beneficiary of the agreement, or a trustee.
If a witness is found to have a personal interest in the agreement, the agreement can be deemed invalid. This is because a witness with a personal interest may not be impartial and may have been influenced by their personal stake in the agreement. Therefore, it is important for parties involved in the agreement to carefully consider who they choose to witness the signing of the agreement.
In addition to being over 18 years old and having no personal interest in the agreement, a witness should also be mentally competent and capable of understanding what they are witnessing. This means that witnesses should be able to read and comprehend the document they are witnessing and should be able to attest to the fact that the document was signed voluntarily and under no duress.
It is also important for the witness to be physically present when the document is being signed. A witness cannot witness a document remotely via video conferencing or other means of electronic communication. The witness must be physically present to verify the authenticity of the signatures.
In conclusion, anyone who is over 18 years old and has no personal interest in the agreement can witness a deed of agreement. However, it is important for parties involved in the agreement to carefully consider who they choose to witness the signing of the agreement to ensure that the agreement is legally binding and valid. Additionally, the witness must be mentally competent, physically present, and able to attest to the voluntary signing of the document.