NSW Deed sign requirement and witness issues

[Kelly Smith]

Hello.

I have two questions regarding the deed sign requirement. I know the deed must be signed in present of a witness. I recently have a deed of release with someone.

My First question if it is possible, in the future, for the other party in this deed says his signature is not in presence of his witness and deny the validity of this deed.

Will this witness be liable if he signed but NOT actually be in the same room? How do I ensure the other party sign the deed in presence of his witness?

My Second question, is the deed binding to the party who signed under witness, even if the other party does not sign? (no clause saying it only be binding signed by both parties)

Thank you very much for your reply.

 

[Rod]

You have to have a lawyer look at the deed and understand events prior to signing the deed, and events/actions taken after signing.

 

[Kelly Smith]

You have to have a lawyer look at the deed and understand events prior to signing the deed, and events/actions taken after signing.

Thank you Rod, but I cannot afford the lawyer fees.

Just hope to know How do I ensure the other party to sign the deed in presence of his witness? Thank you.

 

[Docupedia]

You've got basically two methods:
1. Trust that because it is witnessed then it has been properly executed (which you are within your rights to do unless you have information to the contrary); or
2. See them sign it with your own eyes.

 

[Kelly Smith]

You've got basically two methods:
1. Trust that because it is witnessed then it has been properly executed (which you are within your rights to do unless you have information to the contrary); or
2. See them sign it with your own eyes.

Thank you Docupedia,

Yes, I trusted it is properly executed under witness. Just wondering if there is chance the other party in this deed says his signature is not in presence of his witness and deny the validity of this deed. And if witness will be liable if not actually in presence to witness ?

 

[Docupedia]

There is always a chance. The capacity for people to lie, cheat and swindle to get their own way is almost limitless. The chances of successfully doing it are another matter and a rather complex issue. However, what they did before and after (and how consistent it is with having executed the deed) can be relevant evidence.

As for the witness, I’d imagine probably not much unless they were a qualified witness like a Justice of the Peace or a Commissioner for Declarations.

 

[Kelly Smith]

There is always a chance. The capacity for people to lie, cheat and swindle to get their own way is almost limitless. The chances of successfully doing it are another matter and a rather complex issue. However, what they did before and after (and how consistent it is with having executed the deed) can be relevant evidence.

As for the witness, I’d imagine probably not much unless they were a qualified witness like a Justice of the Peace or a Commissioner for Declarations.

Thank you very much, Docupedia,

I totally agree with you.

Do you have any reply to my second question

is the deed binding to the party who signed under witness, even if the other party does not sign? (no clause saying it only be binding signed by both parties)

Thanks a lot

 

[Rod]

A lawyer would need to read the deed and look at what was said and done by both parties after the deed was signed.

 

[Kelly Smith]

A lawyer would need to read the deed and look at what was said and done by both parties after the deed was signed.

Thank you Rod.