Your parents are signing a deed of gift in front of you as witness. They want to e-sign. So do you. The legal question is whether you can witness electronically — and the procedural question is how to capture both signatures in the right order.
When you need a witness
In England and Wales, deeds require a witness. Specific statutory declarations and some wills require witnessing or notarisation. In the US, certain real-estate transfers and powers of attorney require witnesses and/or notaries.
For ordinary contracts — supplier agreements, NDAs, employment offers — no witness is required. Don't add ceremony you don't need.
Can a witness sign electronically?
The Law Commission's 2019 report on electronic execution confirmed that a witness can be physically present at the signing and then sign electronically. Both signatures can be applied via an e-signing platform; the witness just needs to actually see the signer sign.
'Physically present' is interpreted strictly. Witnessing over video — even though common during 2020 — remains a grey area for deeds in England. The Law Commission has recommended reform; the law hasn't fully changed yet. Take advice for high-stakes deeds.
Setting up in Flint
Add two signature fields to the PDF in Flint's signing tool: one labelled 'Signatory', one labelled 'Witness'. Add a third field for the witness's name in print and another for their address — deeds usually want both.
Route the signing in sequence: signatory first (in physical presence of the witness), then witness immediately after. Don't leave hours between — witnessing is contemporaneous.
Recording the witnessing event
Keep notes: who witnessed, when, where, in whose presence. Flint's audit trail records IP and timestamp; combined with your contemporaneous notes, that's a strong evidence record.
For deeds in regulated industries, follow your firm's house style — many require wet ink on the deed even in 2026, regardless of what the law strictly allows.
FAQ
Does the witness need to be independent?
Yes for most deeds — the witness should not be a party to the deed or someone with an interest. Spouses, family members and employees of a party can be witnesses but are usually avoided to reduce future challenges.
Can I witness over video call?
For deeds in England, the strict legal position remains physical presence. Some Commonwealth jurisdictions allow remote witnessing; check your local rules.
Is the witness's signature also legally binding?
Yes — the witness's signature attests to the signing. Witnesses can be called to give evidence if a deed is challenged.
Can a notary act as a witness for a PDF deed?
Yes, and many jurisdictions now support Remote Online Notarization (RON) where the notary witnesses over video and applies a notarial seal electronically.
Witnessed signing is procedural, not technical. Set up the fields in Flint and follow your jurisdiction's rules for presence.