For a Deed Poll to be legally valid and accepted by official organisations, it must be correctly witnessed. While it doesn't need to be a solicitor or someone with official standing, there are strict rules about who qualifies as an independent witness. Getting this wrong can invalidate your document.
The Golden Rules for a Deed Poll Witness:
- Must be 18 or Over: Witnesses must be legal adults.
- Must Know You: They need to know you well enough to witness your signature and confirm your identity. They aren't just witnessing a random signature; they are implicitly attesting that you are the person signing.
- Must be Independent: This is where most mistakes happen. The witness cannot be:
- A relative (by birth or marriage/civil partnership – this includes parents, siblings, spouse/partner, children, in-laws, cousins, aunts/uncles etc.).
- Your partner or cohabitee (even if not married/civil partnered).
- Anyone living at the same address as you.
- Must Have Mental Capacity: They must be able to understand the significance of witnessing a legal document.
- Must be Physically Present: They must actually watch you sign the document with both your old and new signatures.
Who Makes a Good Witness?
- A friend (who doesn't live with you).
- A neighbour.
- A work colleague.
- A professional person who knows you (e.g., doctor, accountant – though this level isn't required).
The Witness's Action: The witness watches you sign, then adds their own signature, full name, home address, and occupation to the Deed Poll document.
Choosing the right witness and ensuring they are present for the signing is crucial. Reputable Deed Poll services like Legalmaster™ provide clear instructions on witnessing requirements to help you get it right the first time. If you're unsure about choosing a witness, feel free to call us on 0333 340 8984.
