38Signature and attestation

#### 38 Signature and attestation 38 Signature and attestation > > (1) Every deed, whether or not affecting property, shall be signed as well as sealed, and shall be attested by at least one witness not being a party to the deed; but no particular form of words shall be requisite for the attestation. > > > (1A) For the purposes of subsection (1), but without prejudice to any other method of signing, a deed is sufficiently signed by a person if— > > > > > (a) by the direction and in the presence of that person the deed is signed in the name of that person by another person, > > > > > (b) the signature is attested by a person who is not a party or signatory (except by way of attestation) to the deed, and > > > > > (c) the person attesting the signature certifies in his or her attestation that he or she is a prescribed witness and that the signature was affixed by the direction and in the presence of the person whose signature it purports to be. > > > (1B) For the purposes of subsection (1) but without prejudice to any other method of signing, a deed is sufficiently signed by a person if— > > > > > (a) that person affixes his or her mark to the deed, > > > > > (b) the affixing of the mark is attested by a person who is not a party or signatory (except by way of attestation) to the deed, and > > > > > (c) the person attesting the affixing of the mark certifies in his or her attestation— > > > > > > > (i) that, before the mark was affixed, he or she explained the nature and effect of the deed to the person making the mark, and > > > > > > > (ii) that he or she believed, at the time the mark was affixed, that the person making the mark understood the explanation. > > > (2) Indenting shall not be necessary in any case. > > > (3) Every instrument expressed to be an indenture or a deed, or to be sealed, which is signed and attested in accordance with this section, shall be deemed to be sealed. > > > (4) Every deed, executed and attested in accordance with this section may be proved in the same manner as a deed not required by law to be attested might have been proved heretofore. > > > (5) Nothing in this section contained shall affect— > > > > > (a) the execution of deeds by corporations, or > > > > > (b) the provisions of section 184F(4), or > > > > > (c) any deed executed prior to the commencement of this Act. > > **s 38:** Am 1976 No 84, Sch 1; 1984 No 20, Sch 1 (2).