If a witness to a deed writes their name and address (by hand) but fails to sign, is the deed valid?

Standard deed formalities

A deed is a specific form of written instrument required for certain transactions. See Practice Note: Deeds. Deeds must be executed in accordance with statutory and common law formalities that go beyond a simple signature in order for the document to be valid and enforceable. See Practice Note: Executing documents—deeds and simple contracts.

There are four key requirements for a valid deed (comprising both statutory (eg Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989)) and common law principles):

1. •

   it must be in writing

2. •

   it must be clear from the face of the instrument that it is a deed and is intended to be a deed

3. •

   it must be executed as a deed

4. •

   it must be delivered (this does not mean physical delivery but a deed is delivered when a party makes clear its intention to be bound)

The form of execution for a deed varies depending on the type of legal entity