How to add a witness to an electronic signature

Most agreements are perfectly valid with just the parties' signatures. A few aren't: some documents need an independent person to watch the signer sign and then sign themselves. Here's when that applies and how to do it electronically.

Which documents need a witness?

It depends on where you are and what you're signing. Common examples include:

• Deeds in England and Wales, such as some property transfers, guarantees executed as deeds and certain powers of attorney
• Some guarantees and personal guarantees, depending on the lender's requirements
• Some leases, especially longer leases executed as deeds
• Real estate deeds in certain US states, several of which require one or two witnesses
• Statutory forms that specifically call for a witness

Wills also usually need witnesses, but in most places wills can't be signed electronically at all; see which documents are excluded. If you're not sure whether your document needs a witness, ask a lawyer or the party you're signing with.

Electronic witnessing: the "physically present" question

In England and Wales, the Law Commission concluded in 2019 that an electronic signature can validly execute a deed, but that the witness must be physically present with the signer when they sign, not watching over a video call. The witness then signs the same electronic document separately. Other jurisdictions have their own rules; some allowed remote witnessing temporarily or permanently.

The practical takeaway: where presence is required, sit together, let the witness watch the signer sign on their own device, then the witness signs from their own link.

Set up a witness in Parapho

1. Open your template (or create one: template guide).
2. Add a role named something like Witness, and give it a signature field, a name field and a date field, plus an address field if your document needs one.
3. Mark it as a witness for the signer's role, for example Witness for Guarantor.
4. Choose who picks the witness:
   • You name the witness: enter the witness's name and email when you send, like any other signer.
   • The signer chooses: leave the witness blank. After signing, the signer is asked for their witness's name and email, and Parapho invites the witness immediately.
5. Send. The witness's turn is always set to just after the person they're witnessing, whatever the rest of the signing order looks like.

What the certificate shows

The certificate of completion lists the witness alongside the signers, with their name, email, signature, the time they signed, their IP address and device, and which signer they witnessed. Because the certificate is part of the digitally signed PDF, it can't be edited without verification failing.

Choosing a good witness

• An adult with no interest in the document: not a party to it, and not someone who benefits from it.
• Ideally not a family member or partner of the signer, which many rules discourage or prohibit.
• Someone who can be contacted later if the signing is ever questioned.

Other ways to strengthen a signature

If you don't legally need a witness but want more assurance about who signed, use an access code: a code you share with the signer by phone or text, which they must enter before they can open the document. It's on every plan, along with signing order and witnesses.

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