Answer to Question #12

A client brings a document requiring their signature to be witnessed. The client has already signed the document. What should the Justice of the Peace do?

a) Refuse to witness as the signature must be made in the JPs presence.

b) Witness the signature as usual, as it is clear the client signed the document.

c) Request some photo ID, ask the client to verbally confirm they signed the document then proceed to complete the witness statement/signature.

d) Establish the client’s identity by asking questions (Full name, address etc). Have the client re-sign the document in the JPs presence.

In general “to witness is to watch”. 

However, the Ministerial Manual (p38) states that “Sometimes, it is sufficient for the signatory to acknowledge that the signature on the document belongs to them and re-signing is not required.”

Options c) and d) align with this guidance, prioritizing clear confirmation while allowing for flexibility.