Can A Relative With The Same Surname Witness A Signature On A Mortgage Deed?

[ganesh]

I have searched online and still unsure. Always find it annoying to have to get a witness to a signature on a legal document and if I am honest I find it a bit awkward to ask people. Can a family member be a witness,e.g my 19 yr old son? Is there anything on a web-site that says it is legally ok?

[Peter Pedant]

yes but it will raise questions about whether they are a relative and whether they have an interest. Oh a son isnt suitable - he is likely to have a financial interest as an heir..
.I regularly get my neighbours or work colleagues

It is intended to be like this by the way
so that if the signature is queried - the situation is so awkward that everyone remembers it.


I agree Smiths of this world are in difficulty
and the Ponsonby Goodbody Smyths arent -

[boxtops]

I've usually asked someone from work, or a neighbour, to sign as witness. There's no onus on them other than watching you sign.

[ganesh]

If that was true- that there is 'no onus on the witness' other than signing to say they witness that person's signature, then legally there should be no reason whatsoever to say that a relative can't sign it. It makes no sense logically to prohibit this. And I still can't find anything that says this.

[Hymie]

According to this website, No.
http://www.actlegal.co.uk/faq/buying-house-faqs/41/

I have witnessed signatures on a mortgage deed – the witness is not acting as a guarantor or anything like that – only confirming that they know those signing (are who they say they are).

I can only assume that the purpose of witnessing the signatures, is a poor attempt to minimise fraud involving the mortgage.

[FredPuli43]

No. It should not be done. But there's no significance in witnessing a signature other than that the witness is saying that the other person signed in his or her presence. It should not be a close family member on such a document as this because they may have an interest of some sort and cannot be regarded as independent anyway.