Signing and witnessing

Do I need one witness or two for a deed poll?

The law needs one attesting witness; GOV.UK's wording names two, our deeds have space for two, and two is what organisations expect. One is still valid.

Checked against legislation.gov.uk and GOV.UK Updated

A drawing of the woman signing a deed poll with two witnesses behind her

The short answer

Use two. The law requires one attesting witness, under section 1 of the Law of Property (Miscellaneous Provisions) Act 1989, but GOV.UK's wording names two witnesses aged 18 or over, our deeds have space for two, and two is what organisations expect. A deed already signed in front of one independent adult is valid.

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On this page 5 sections
  1. What the law requires
  2. What GOV.UK's wording uses
  3. Why two is the sensible number
  4. If you have already signed with one
  5. What HM Passport Office requires

What the law requires#

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. One witness satisfies the Act.

What GOV.UK's wording uses#

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 two is the sensible number#

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.

If you have already signed with one#

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.

What HM Passport Office requires#

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.

Sources

Every fact above was checked against these on . If a source has changed since, tell us and we will correct the page.