To think that this witness signed deed is OK

(11 Posts)
MyFriendsCallMeOh Tue 06-Sep-16 23:02:25

I have to sign a deed and I'm the second signatory of four. I signed and asked my friend to sign it, showing her where. She took the paper, signed where the third trustee should sign, not where the second witness should sign. She has since crossed out her name and signed in the correct place

This deed is having to travel halfway round the world to collect all signatures and I'm hoping that it will be OK, that the third trustee can sign next to my witness' crossed out signature. Does anyone have any experience of this? It's time sensitive so we won't have time to start another document.....

Porg Tue 06-Sep-16 23:19:56

Get every person signing the deed to sign next to the crossing out. This is then their acknowledgement of the amendment. It should be okay without but just in case.

LiviaDrusillaAugusta Tue 06-Sep-16 23:21:43

Could be an issue. Probably best to speak to the lawyer who drew up the Deed

Porg Tue 06-Sep-16 23:34:46

Are all of the attestation clauses on the same page?

When I've got deeds that need executing like this I would send duplicate documents by email to the distant trustees to execute and return. You then attach the copies together. It depends on what the deed is though.

MyFriendsCallMeOh Tue 06-Sep-16 23:38:31

It's a very short document, one page, with the signatures on the back. It's a retirement of a trustee.

Will try to get hold of the lawyer tomorrow....

FrancisCrawford Tue 06-Sep-16 23:45:32

Yes, check with the lawyer!

It might be okay or they might run off a new document and get you to sign it again.

This is why lawyers often use these dayglo tabs with an arrow on them saying "sign here". It's pretty easy to sign in the wrong place in a situation like yours.

MrsHathaway Tue 06-Sep-16 23:58:51

I deal with a lot of signed documents going overseas.

If it's "only" needing to be signed and witnessed then it isn't going to be scrutinised that closely (compared with being notarised then legalised locally then legalised overseas plus unpredictable bribes fees along the way).

I agree with pps that it would be helpful for you to initial her crossing out.

It's also why I prefer separate execution pages for each signatory, and liberal use of coloured stickers and post-its!

Porg Wed 07-Sep-16 00:58:34

I sent a transfer deed to an accountant and his solicitor brother once and both of them managed to execute it incorrectly. The page was littered with 'sign here' labels, pencilled initials where they needed to sign and I enclosed a info sheet on correct execution. It really isn't unusual for people to get it wrong which is why I always find it easier to meet with the clients and witness it myself. Wills are worse. The signature has to be witnessed by two independent adults who are together when they all sign. That causes such problems!

MyKingdomForBrie Wed 07-Sep-16 01:01:43

The witness should initial her crossing out then it will be fine.

MrHannahSnell Wed 07-Sep-16 01:12:02

I draft trust deeds snd it should be OK under English law. I've seen this happen on a number of occasions and the Deed has never been challenged. It might be an issue if you're in Scotland though.

MyFriendsCallMeOh Wed 07-Sep-16 01:18:57

Thanks all. I'm overseas and the other three are at separate locations in England, it's an English legal document. I'll call the lawyer (my df is the client but traveling at the moment) tomorrow....

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