A witness is required to confirm that the correct party signed the agreement and that no fraud took place. Without witnesses, an agreement may not be enforceable. Therefore, it is not yet possible to observe a signature via a video call or other virtual methods. While finding an impartial, non-present witness who may be physically present at the time of signing would not normally be a significant barrier for most people, social distancing measures and the current increase in out-of-office work certainly make things more difficult. Even if this means a larger number of signatories, it may still be preferable to any party that has to sign in the physical presence of a witness. It is preferable that your witness is not involved in the contract you are signing and that he does not receive any benefit from the agreement detailed in the contract. For example, a witness in your will should not be a beneficiary of your estate. Two directors or one director and one secretary of the corporation may perform an act for a corporation. It does not have to be a director in front of a witness.
The role of the witness is above all to protect himself against falsification or coercion. In the event of a dispute, a witness may be required to provide impartial evidence of the circumstances of the signature. While cookies are not always a requirement for the execution of a legal document, they can help solidify and authenticate your contract by providing evidence that signatures are legitimate and consensual. A witness will help strengthen the validity and authenticity of your document by adding another layer of security in case your contract is challenged in court. If it is not possible to be in the physical presence of an independent witness, a family member or a person living together is sufficient, unless the witness is involved in the documents or in a larger transaction. For this reason, the names and contact details of the witnesses must appear next to their signature on the agreement. A note could also be kept with the record of the practical reasons for the witness`s relationship with the signatory (i.e., it was because of the COVID-19 outbreak). If there is no responsibility, couldn`t a person just put a false signature and name and pretend that a witness signed it (if the document is genuine and they see no reason why someone would call the witness to establish the truth)? A party who relies on a record may accept a family member as a witness (although they will almost certainly insist on an adult), but may want to add additional controls so that if both the signer and the witness claim that the document was not signed, there is additional evidence to show that they are not true.
For example, if the document is a legal statement, it must have an “authorized witness.” This may be, for example, a justice of the peace or a lawyer. The agreement itself may require the parties to sign or be signed by witnesses. A prior agreement may require that the written form of future agreements be signed by the parties or witnesses. .