Execution of a Deed

In English law, the term “execution of a deed” refers to the formal process by which a deed is signed and made legally binding. Unlike simple contracts, deeds carry a higher level of formality and are often used for significant legal transactions, such as transferring property, granting powers of attorney, or creating trusts.

At Blackstone Solicitors, we regularly advise clients across England and Wales on the correct execution of deeds to ensure their legal validity. In this article, we explain what a deed is, when one is required, and how it must be executed to be effective.

Free Initial Telephone Discussion

For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of deed execution, and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.

What Is a Deed?

A deed is a special type of legal document that must be executed with particular formalities. It is used to indicate a serious and deliberate intention to create legal obligations, even in the absence of consideration (i.e. something of value exchanged between the parties).

Common examples of deeds include:

• Transfers of land or property
• Declarations of trust
• Powers of attorney
• Deeds of gift
• Deeds of variation (e.g. for wills or inheritance)
• Deeds of guarantee

Deeds are governed by both common law and statutory provisions, most notably the Law of Property (Miscellaneous Provisions) Act 1989.

When Is a Deed Required?

A deed is required in several legal contexts, including:

• Property transactions: Transfers of land or leases for more than three years must be executed as deeds.
• Gifts: Where no consideration is given, a deed is necessary to make the gift legally binding.
• Powers of attorney: These must be executed as deeds to be valid.
• Trusts: Certain declarations or appointments under a trust must be made by deed.
• Guarantees: In some cases, a guarantee must be executed as a deed to be enforceable.

Using a deed ensures that the document has legal effect even where no consideration is present, which distinguishes it from a simple contract.

Legal Requirements for Execution of a Deed

To be validly executed, a deed must comply with the formalities set out in section 1 of the Law of Property (Miscellaneous Provisions) Act 1989. These include:

1. The Deed Must Be in Writing

A deed must be a written document. Oral deeds are not recognised under English law.

2. It Must Be Clear That It Is Intended to Be a Deed

The document must state on its face that it is a deed. This is usually done by including the words “executed as a deed” or “this deed is made on [date]”.

3. It Must Be Signed and Witnessed

For individuals, the deed must be:

• Signed by the person executing it
• In the presence of a witness
• With the witness also signing the document

The witness must be an independent adult who is not a party to the deed. Ideally, they should not be a close family member to avoid any suggestion of bias.

4. It Must Be Delivered

“Delivery” in this context means that the person signing the deed intends to be bound by it. This can occur at the time of signing or later, depending on the circumstances.

For companies, the rules differ slightly. A company can execute a deed by:

• Having it signed by two directors, or
• A director and the company secretary, or
• A director in the presence of a witness

Execution by Multiple Parties

Where more than one person is executing a deed (e.g. joint owners of a property), each individual must sign the deed and have their signature separately witnessed. According to HM Land Registry guidance, this ensures that:

• Each signature is properly attested
• There is clear evidence of the intention to execute the document as a deed

The same witness may witness multiple signatures, but each must be separately attested unless the wording of the attestation clause makes it absolutely clear that the witness was present for all signatories.

Virtual Execution and Electronic Signatures

In recent years, especially following the COVID-19 pandemic, there has been increased use of electronic signatures and virtual execution of deeds. While English law recognises electronic signatures in many contexts, the execution of deeds still requires careful attention to formalities.

The Law Society advises that:

• Electronic signatures can be valid for deeds, provided the signing and witnessing requirements are met
• Witnessing must still be physical—the witness must be present in the same room as the signatory at the time of signing

Remote witnessing via video link is not currently accepted for deeds, although this may change with future legislative reform.

Common Mistakes in Executing Deeds

Improper execution can render a deed invalid. Common pitfalls include:

• Failing to include the words “executed as a deed”
• Not having the signature properly witnessed
• Using a witness who is underage or has a conflict of interest
• Not delivering the deed (i.e. no clear intention to be bound)
• Using outdated templates that do not comply with current legal requirements

These errors can lead to delays, disputes, or even the complete failure of a transaction.

Best Practice for Executing a Deed

To ensure that a deed is validly executed:

• Use clear and up-to-date templates that comply with current legislation.
• Ensure all parties understand the nature of the document and their obligations.
• Arrange for independent witnesses who are present at the time of signing.
• Keep accurate records of when and how the deed was signed and delivered.
• Seek legal advice if there is any uncertainty about the process.

At Blackstone Solicitors, we assist clients in drafting, reviewing, and executing deeds to ensure full legal compliance and avoid costly mistakes.

How Blackstone Solicitors Can Help

We offer comprehensive legal support for all matters involving deeds, including:

• Drafting and reviewing deeds of transfer, trust, gift, or guarantee
• Advising on the correct execution process
• Acting as witnesses where appropriate
• Managing virtual signings in accordance with best practice
• Liaising with HM Land Registry for property-related deeds

Whether you are an individual, a business, or a trustee, we ensure that your deeds are executed correctly and enforceably.

Conclusion

The execution of a deed is a formal legal process that requires careful attention to detail. Whether you are transferring property, creating a trust, or granting a power of attorney, ensuring that your deed is properly executed is essential to its validity.

At Blackstone Solicitors, we are here to guide you through every step of the process. If you need assistance with the execution of a deed or have questions about your legal obligations, contact our team today for expert advice.

We have a proven track record of helping clients deal with the legal aspects of executing a deed. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.

How to Contact Our Solicitors

It is important for you to be well informed about the issues and possible implications of both commercial and residential property law. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.

To speak to our Client engagement team today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in Blog, News Tagged as

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