TOT Witnessed Signature

[alan_m]

I've just had to have my signature witnessed on a legal document (2x lasting powers of attorney). The only stipulations were that it must be someone over the age of 18, not a relative and not anyone who lives in the same household. My neighbour was the witness.

But... What's the point? His signature is not on the relevant records to prove that it is genuine.

My brother has had a similar experience with a life policy when trying to get his money out. He had to get his signature witnessed, but this time with a list of acceptable professions. He got a retired bank manager to sign. However the form was returned as the bank manager had put the word retired after his profession. Had he not done so I guess that the form would have been accepted without question.

If anyone was trying to defraud getting any Tom, Dick or Harry to witness and lying about their status would be the way to go.

[jkn]

When I last had to have my signature witnessed (probate on a parent's estate), I took it to a local solicitor. He charged £15 I think, and stamped and signed the document as a witness.

I don't think I would accept a signature as properly witnessed if it didn't have something similar.

[Clive Arthur]

<snip>

The same for a will, except that needs two witnesses. The point is, if there are issues arising - eg some other family member doubts the LPA - the neighbour can be asked if he witnessed it. Assuming he's not dead.

Not perfect, but not worthless.

[Robin]

That sounds like you signing the Statement of Truth as an executor (a process which in 2018 replaced swearing the executor's oath) to get probate. The legislation says that /must/ be done in front of a Commissioner of Oaths (or in person at a probate registry).

In most cases you don't get to decide.

[alan_m]

Assuming it was all above board in the first place. It proves nothing if something dodgy was the plan as the witnesses would have been accomplices and would confirm that they witnessed the signature. The witness plays no part in the LPA and doesn't necessarily need to know what he is witnessing, except the signature. He doesn't get to see any documents, just the signing sheet.

[Tim Streater]

IOW, you had it notarised by a Notary Public. That is a more serious procedure.

[Brian Gaff]

Worse, what if the witness dies and they need to contact them, if they have no idea where they went its all rather pointless. Brian

[Brian Gaff]

I need to do one of these, but how on earth can this be done if you have no relatives or friends suitable to advise on your ability to manage your affairs? Its a bit of a worry. Brian

[Brian Gaff]

Talking of probate, because I was visually impaired questions were raised as to how I could swear or sign anything. This is clearly discrimination, and I had to point this out every time I did anything. I'm sure these legalities have not moved on much from Dickensian times. I don't think you have to use a quill, but it makes you wonder sometimes. Brian

[fred]

I think you are all wimps. I'd just sign the thing under an assumed name and keep stum

[RJH]

You do wonder. I had to get a witness recently for a property sale - just used someone near where I was staying, never met them before, never will again probably. Could have made someone up and said I met them in a bus queue.

[The Natural Philosopher]

The number of times I have used a digitally scanned signature on word processed documents and actually printed it out on paper...to comply with some senseless regulation.

[Robin]

You could remind such people we had a blind Home Secretary who signed Statutory Instruments, intercept warrants etc without legal problems.

[NY]

Likewise. I have savings with a financial organisation. If I want to withdraw any money, I need to send them a signed letter by post or else a fax of it. They will only accept fax, not an email with a scan of the letter attached. I think they are labouring under the misapprehension that all faxes come from dedicated fax machines which are hard to forge, whereas I always "print" a scan of the letter to a fax modem. But they are happy: the authorisation has arrived by fax...

[Rod Speed]

Brian Gaff [e-mail] wrote

Why do you believe that you need one of those ?

The state can do that, but imo f*ck that.

Not really.