63Execution and attestation of deeds

### 63 Execution and attestation of deeds > *\[Section 63 Inserted by 26 Geo. V No. 97, s. 3 \]*[*\[Section 63 Substituted by No. 10 of 2000, s. 5, Applied:28 Apr 2000\]*](/view/html/inforce/2000-04-28/act-2000-010#GS5@EN) > > > (1)  The following rules govern the execution of a deed: > > > > > > (a) a natural person executes a deed by signing, or making a mark on, the deed; > > > > > > > (b) a body corporate is not required to execute a deed by affixing its common seal unless it is so required by the enactment under which it is created or by any other law relating to the execution of deeds; > > > > > > > (c) a deed may be executed on behalf of a party to a deed – > > > > > > > > > > (i) by an attorney acting under an authority conferred by the deed; or > > > > > > > > > > > (ii) where a party is a natural person, by a person acting at the direction, and in the presence, of the party. > > > (2)  The execution of a deed must be attested – > > > > > > (a) where the deed is executed by a natural person, by at least one witness who is not a party to the deed; and > > > > > > > (b) where the deed is executed by a person acting at the direction, and in the presence, of a party, by a person who is authorised by law to take affidavits. > > > (3)  Delivery and indenting are not necessary in any case. > > > (4)  Notwithstanding the defective execution of a deed by or on behalf of a party to the deed, the execution is taken to be valid if it appears from evidence external to the deed that the party intended to be bound by it. > > > (5)  Notwithstanding any other law, an instrument executed in accordance with this section is a deed if – > > > > > > (a) the instrument is expressed to be an indenture or deed; or > > > > > > > (b) the instrument is expressed to be sealed and delivered or, in the case of an instrument executed by a natural person, to be sealed; or > > > > > > > (c) it appears from the circumstances of the execution of the instrument or from the nature of the instrument that the parties intended it to be a deed.