Q&As

If a deed is signed but not witnessed, is it still valid? Will equity save it (looking to intention and not form)?

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Published on LexisPSL on 24/02/2020

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • If a deed is signed but not witnessed, is it still valid? Will equity save it (looking to intention and not form)?
  • Nature of trusts
  • Formalities for a Deed
  • Failure to comply with formalities for a deed

If a deed is signed but not witnessed, is it still valid? Will equity save it (looking to intention and not form)?

The following content will be of use:

Nature of trusts

Practice Notes:

  1. Nature and classification of trusts—the nature and classification of trusts

  2. Nature and classification of trusts—constitution of trusts

  3. Creation of trusts—express trusts

  4. Creation of trusts—by declaration

  5. Nature and classification of trusts—the three certainties

  6. Execution formalities—private trusts

Q&A: Can a trust over policy proceeds be implied when trust documentation was not completed?

Commentary:

  1. The Creation of Trusts: Tolley's Administration of Trusts [A1A]

  2. Analysis of an express trust: Underhill and Hayton: Law of Trusts and Trustees [7.1]

  3. Declaration of self as trustee: Underhill and Hayton: Law of Trusts and Trustees [9.1]

Formalities for a Deed

For an instrument to be a valid deed, it must comply with four formalities comprising both statutory and common law principles:

  1. in writing: the document must be in writing and cannot be made verbally. This is a common law requirement modified by statute

  2. face value: it must be clear from the face of the document that it is a deed by the person making it or, as the case may be, by the parties to it (whether by describing itself as a deed or expressing itself to be executed or signed as a deed or otherwise)

  3. execution: it must be executed correctly according to various

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