How many witnesses does a deed poll need?#
One is the legal minimum, and two is the number to use. Section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 says a deed made by an individual must be signed in the presence of a witness who attests the signature, so one witness satisfies the Act, but GOV.UK's guidance says you will need 2 witnesses aged 18 or over, and two is what organisations expect to see.
| One witness | Two witnesses | |
|---|---|---|
| Valid under the 1989 Act | Yes | Yes |
| Accepted by HM Passport Office | Yes: its guidance asks for at least one | Yes |
| Matches GOV.UK's wording | No: GOV.UK names two | Yes |
| What we recommend | Valid if already signed | Two adults from two households |
Does GOV.UK say you need two witnesses?#
GOV.UK's template for a home-made deed poll ends "in the presence of [witness 1 name] of [witness 1 address], and [witness 2 name] of [witness 2 address]", and its instructions say you will need 2 witnesses to sign your deed poll, aged 18 or over. The court's own enrolment form, LOC020, is also signed in front of 2 witnesses.
Why use two witnesses?#
Because two is what the people checking the deed have seen on every other deed poll. A deed with one witness is valid, but it is different from the template, and different is what prompts a member of staff to ask a colleague. Two independent adults, from two households, removes the question before it is asked. Our deeds are printed with space for two witnesses, and we recommend using both.
To check whether someone you have in mind can be one of them, try the witness checker.
Is my deed poll valid with one witness?#
The deed is valid. If it has not yet been sent anywhere and you can easily sign a fresh one in front of two people, doing so avoids any query later; if it has already been accepted by an organisation, there is nothing to fix.
Will HM Passport Office accept one witness?#
Its guidance to staff on evidence of a change of name says a deed poll must be signed by at least one witness, who does not need to be a solicitor or a commissioner for oaths, with every signature in wet ink and the deed dated. One witness satisfies HM Passport Office as it satisfies the Act. Two is still the sensible number for everyone else.
