Which documents can’t be signed electronically in the UK?

Wills and codicils

A will has to be signed in the physical presence of two witnesses who are both there at the same time (Wills Act 1837). Electronic signatures are not accepted for wills, and the temporary rules that allowed witnessing by video during the pandemic have ended.

Lasting powers of attorney

A lasting power of attorney is currently completed on paper and signed in ink, with the required witnesses. The government has passed a law to allow a digital process, so check the Office of the Public Guardian for the current position before you rely on it.

Deeds

A deed has to be signed in the presence of a witness. The Law Commission’s view is that this means the witness must be physically present with the person signing, even when the signatures themselves are electronic, so witnessing remotely through an online tool is not safe to rely on.

Deeds are used for things like some property transfers, mortgages and certain powers of attorney. A solicitor or conveyancer will normally arrange the signing for you.

Documents that must be sworn, certified or notarised

Affidavits, statutory declarations, certified copies and documents that need a notary for use abroad are normally completed in person with a solicitor, notary or commissioner for oaths.

Property and other regulated transactions

Buying, selling or mortgaging a property, and setting up some financial products, usually go through a solicitor, conveyancer or regulated firm that tells you exactly how to sign. Follow their instructions rather than choosing for yourself.

Documents with their own rules

Some court forms, statutory notices and official applications say how they must be signed. If a document comes with instructions about signing, follow them. If you are unsure, ask the organisation that asked for it, or a solicitor.

What to do

• Check whether a law, or the other side’s requirements, say the document must be on paper, in ink, witnessed or notarised.
• Ask a solicitor if the document is important and you are not sure.
• Use paper, or the process you have been given, for those documents. Use electronic signatures for everything else.

SignEdge shows a reminder about these documents when you choose a file to send, and our Terms of Service repeat it. For the general rule, read are electronic signatures legal in the UK.