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]

(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.