When you’re signing legal documents or personal contracts, a witness signature may be required to verify that your own signature is authentic. If you’re confused about what this means, you’re not alone.
However, thankfully, a witness signature is a relatively straightforward part of the legal process that’s often required to ensure certain contracts are lawful, properly signed, and not fraudulent.
Let’s take a closer look at what witness signatures are, how they work, when to use them, and more.
What Is a Witness Signature?
A witness signature is when someone who observes a contract or other document being legally signed also signs that document, verifying the authenticity of the signatures. Witness signatures aren’t required on all documents or contracts, but are often used for things like wills, power of attorneys, deeds, affidavits, prenuptial agreements, financial and/or property agreements.
For example, if you’re creating a will, you’ll need to sign it in front of a witness who can attest to the fact that your signature is legitimate and you fully understand what you’re signing. Then, the witness adds their own signature to the document to verify that everything is above board.
If a contract or document has a witness signature, it appears more authentic and credible. If the validity of a signature on a contract is ever challenged or questioned, the witness may be called upon to testify about its legitimacy.
Importance of a Witness Signature
Witness signatures are incredibly important as they protect each signatory of a contract and ensure an agreement is lawful and authentic. Signing a document is one of the main steps that makes a contract legally binding, but unfortunately, fraud exists. By having a witness present and verifying that everyone signing the contract is doing so willingly, you minimize the chance of fraud—or an accusation thereof.
Without a witness seeing the signatures in real time, someone may be coerced, convinced, or threatened into signing something they don’t understand or agree to. Alternatively, the signature itself could even be forged.
These witnesses may be called upon to confirm the authenticity of a contract and attest to whether all signers understood the terms of the contract and signed it voluntarily. As a result, having a witness signature is also helpful for court cases and legal proceedings.
When to Use a Witness Signature
There are several situations in which a witness’s signature may be required on legal documents or other important agreements. Even if they’re not required by law, they can often help to boost the authenticity of a contract. Here are a few examples of when witness signatures may be used:
- Granting or Transferring Power of Attorney: A witness signature when someone is granting or transferring power of attorney ensures and confirms that the person is aware of the implications of what they’re doing, and understands the power they’re giving to the other individual.
- Validating a Verbal Agreement: Judging whether or not a verbal agreement is legally binding can be confusing, so having a witness signature to verify that a verbal contract took place and both parties agreed to it can help reaffirm the contract if it’s ever challenged.
- Writing or Amending a Will: Having a signature witness for the creation or amendment of a will ensures that the person writing it is of sound mind, understands what they’re doing, and isn’t being forced or coerced by someone else.
- Setting up a Trust: A witness improves the validity of a trust if it’s ever challenged, and ensures the person signing and setting up the trust is doing so under their own power.
- Property or Financial Transactions: A witness signature ensures that both parties in any property or financial transaction understood the agreement and agreed on the terms.
- Affidavits: Witness signatures are especially important for affidavits, as they show that the signer verifies their statement is true and that they’re aware of the potential penalties they may face if they provide false information.
Keep in mind that this isn’t an exhaustive list, and witness signatures may be used in a variety of other scenarios. Additionally, the rules regarding whether a witness signature is required vary based on jurisdiction and the type of document being signed.
Who Can Act as a Signature Witness?
Whether you need a signature witness for your legal operations or to sign a personal contract, there are certain guidelines that someone needs to meet in order to provide a witness signature. While the rules vary depending on the location and situation, there are some general requirements.
To act as a signature witness, someone generally needs to:
- Be at least 18 years old
- Have a clean criminal record
- Be able to identify themselves as well as the other signatories
- Be of sound mind
- Be a neutral third party with no personal or financial interest in the agreement
- Not be a beneficiary of the document or agreement
Who Cannot Witness a Signature?
While many people can act as a signature witness without issue, there are also some factors that may prevent someone from doing so. Here are a few examples of what may disqualify someone from acting as a signature witness:
- They are a family member of one of the signing parties
- They have a personal interest in the contract or are a beneficiary
- They’re not at least 18 years old
- They have a criminal record
- They have a mental incapacity that prevents them from having a sound mind
- They have a professional role like a lawyer or notary, as sometimes these jobs have rules in place against acting as witnesses
Requirements of a Witness Signature
To ensure a witness signature is valid and properly executed, there are a few requirements to keep in mind:
- Verify the identity of all signers and ensure they’re who they claim to be and who they’re signing as.
- Make sure everyone understands the agreement and what it entails.
- Make sure that all parties sign the contract in front of you.
- Check to ensure there are no missed signatures on any page of the document.
- Ensure they’re signing willfully and aren’t being forced or coerced.
- It’s generally preferred to sign in standard ink colors, i.e., black or blue. Different companies or lawyers may have different preferences, so when in doubt, ask.
- Consider keeping notes about the signing in case you’re ever called to be a witness and asked about what transpired.
Difference Between a Witness Signature and a Notary
When it comes to confirming the authenticity of signatures and documents, many people use the terms “signature witness” and “notary” interchangeably. However, they’re not the same thing.
A signature witness is a person who observes a contract being signed by all parties, while a notary public is an official appointed by the state. Notaries go through a more formal process to confirm the validity of the contract and the identities of all signers. This process often involves an official notarial act, such as verifying signatures, administering oaths, or authenticating documents.
Also, while signature witnesses are often used for personal agreements, more official or important documents or contracts (such as those created by financial institutions) may require an actual notary. A signature witness is also a relatively informal role, whereas notaries have a more formal and official procedure that they need to follow.
Thankfully, there are things like this notary signature template that can simplify the notarization process for these professionals.
Obtaining a Witness Signature
In some cases, a witness signature is required to make a contract valid, so knowing how to properly get one is crucial. Thankfully, the process for properly obtaining a witness signature is easy, whether in person or electronically.
In-Person Witness Signature
If you’re required to get an in-person wet signature from a witness, it’s incredibly straightforward. All you need to do is have the signatory sign the contract in the physical presence of the witness. Once the witness observes this signature, they must sign the contract themselves to acknowledge that they witnessed the signing and that everything appeared legitimate.
In some cases, witnesses may need to provide additional information (such as name, address, job, or contact information).
Electronic Witness Signature
While in-person witness signatures are still common, there are also some cases where electronic witnessing is used. Doing this relies on using some e-signature platform to streamline the electronic witness signing process.
There are a few ways you can do this, depending on what’s legal in your region. In some cases, you can use these e-signature platforms in tandem with real-time video conferencing, allowing the witness to observe the signature process even if they are not in the same physical location.
Some platforms may also capture data like location or IP address when electronic documents are signed, so you’re able to confirm that the signer and the witness were in the same place when the signing occurred.
Also, many of these platforms include features like electronic signature verification to ensure you never need to doubt the security or legitimacy of the e-signatures you receive.
However, there are some restrictions, and not every jurisdiction, company, or lawyer will accept electronic signatures from witnesses. Also, keep in mind that there are many examples of electronic signatures, so make sure to get the proper type.
While there’s no question about the legality of electronic signatures in general, some types of contracts (such as wills or trusts) typically need to be witness-signed in wet ink while the signer and witness are together in person, so electronic signatures may not work in all cases.
Electronic Signature Witnessing With Signaturely
If you’re looking for an electronic witness signature solution, consider Signaturely. It’s a streamlined and user-friendly platform to help you create and prepare business or financial documents, securely send them to signers, and get them signed rapidly. Signaturely offers many templates, seamless collaboration, automatic reminders, and contract management, as well.
Signaturely also makes it effortless to convert a signature to a digital signature, and it works on a variety of devices like computers, mobile phones, and tablets.
The process for electronic witness signing with Signaturely is also incredibly straightforward:
1. Start by logging into your Signaturely account and navigating to Documents, and then clicking Create Document.
2. Choose to either upload a file, import a file, or select a template. Once you’ve selected the right one, click Prepare Document.
3. From there, you’re taken to the contract you’ve uploaded and can prepare the document for signing and choose whether to sign it, send it for a signature, or both.
Once the contract is set up in the platform, bring a compatible device to the in-person meeting between the witness and signer(s) so they can sign the contract electronically.
This is very similar to the traditional in-person witness signing process, except with the added security of an electronic signature, easier management, and no paper waste.
If you’re interested in seeing if Signaturely is right for your witness signature needs, be sure to try out the generous free trial.
FAQs About Witness Signatures
Here are a couple of common questions about witness signatures, along with their answers.
A witness signature is when someone who witnesses another person (or multiple people) signing a contract also signs the contract to verify the authenticity and legitimacy of those initial signatures.
Having a third-party observer sign the contract verifies that the initial signers understand the contract and signed it willingly.
The witness signature on a contract is signed by any agreed-upon witness: a third-party observer who saw the initial parties sign the contract or agreement.
Yes, it matters who signs as a witness, as there are several rules and restrictions in place. For example, to be a signature witness, you need to be over 18 years old, not have a personal or financial interest in the contract, have a clean criminal record, and have a sound mind.
A “signature by mark” means that someone uses an “X” or other mark as an alternative to making a full signature. It can also apply to witness signatures. It’s often used when someone can’t write a full signature due to a physical disability or mental incapacity.
Another word for witnessing a signature could be attesting a signature, observing a signature, or verifying a signature.
What You Need to Remember About Witness Signatures
A witness signature is a crucial component in ensuring that legal contracts and agreements are signed willingly and authentically by all parties. Having someone witness the signing of these documents (and then sign it themselves) helps to reduce fraud, enforce the terms in a contract, and validate that the contract is legitimate.
While it’s not always legally required, many types of contracts benefit from witness signatures, including wills, power of attorneys, trusts, and property or financial transactions.
