TR1 - Panel 12 and Execution of deed by individual

Hello,

I am planning to gift my home to my wife. On the TR1 form, an execution of deed by an individual is required on Panel 12. Would it be possible for our son to sign as a witness to the deed?

Thank you

Robin

Hello Robin - Please refer to the guidance in our Practice Guide 8, particularly section 2.1.2.  It sets out our position on situations as you have described. 

Hello Nimish, thank you for your prompt reply. The only reason why I want my adult son to witness the deed is because we all currently have COVID and are self-isolating at home. Therefore, it would be much faster for him to witness the deed.

He is evidently not a party to the deed ( as per Seal v Claridge) nor a ‘signatory’s spouse, civil partner or cohabitee’

From what I read, even though it is best avoided, there is no legal requirement against this.

May I kindly ask for a little more clarification please? I would really appreciate this. Thank you

Hello Robin - I am not sure what more clarification you are looking for.  

As the guidance indicates, we do not say that your son cannot act as a witness.  The rest is up to you to decide. 

Hi Nimish, thank you for your reply I do appreciate it