Can Trust Deeds (and Deeds of Appointment and other miscellaneous trust documents) be signed electronically? I have always advised wet signatures on Deeds but wondering if there is the ability to validly sign electronically to speed up Trust matters?
I think the position is best summarised as “probably”. It’s not absolutely clear.
Execution of a document using an electronic signature | The Law Society
If I have correctly understood the Law Commission report on electronic signatures (Law Commission Electronic execution of documents), it would not be safe to rely on the validity of a deed executed electronically, not least due to the need for such execution to be validly witnessed.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
One aspect worth considering is the view that professional indemnity insurers would take. I can see no issues with old fashioned wet signatures. With electronic signatures I suspect that insurers might be a bit anxious and than could result in an increase in the risk profile for the firm and an increased premium. Better safe that sorry - I would abandon the idea of electronic signatures for now
My understanding is that Hudson v Hathaway, whilst confirming that an electronic signature can be binding, did not address the question of whether a deed can validly be executed electronically.
If I have missed the relevant paragraph, perhaps you would guide me to it.
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
The Land Registry allows electronic signatures on deeds. The main issue (as Paul has described) is ensuring the witness is present when the document is electronically signed.
They suggest adding -
“I confirm that I was physically present when [name of signatory] signed this deed.”
I’d still side with Andrew however.
Richard C. Bishop