The Four Major Prohibited Categories
Under UK law, the four major document categories that cannot be executed with standard electronic signatures are Wills & Codicils, Lasting Powers of Attorney (LPAs), Statutory Declarations, and real estate Deeds requiring HM Land Registry registration.
1. **Wills & Codicils**: Section 9 of the Wills Act 1837 mandates that a will must be signed in the presence of two or more witnesses present at the same time who also attest. While temporary video witnessing rules existed during the pandemic, standard electronic signatures remain invalid.
2. **Lasting Powers of Attorney (LPAs)**: Administered by the Office of the Public Guardian under the Mental Capacity Act 2005. LPAs require rigid statutory paperwork and certified signatures.
3. **Statutory Declarations**: Under the Statutory Declarations Act 1835, declarations must be sworn in person before a solicitor or commissioner for oaths.
4. **Deeds & Real Estate Dispositions**: Section 1(3) of the Law of Property (Misc Provisions) Act 1989 requires attesting witnesses. Transfer deeds requiring registration at HM Land Registry must follow its specific digital portal.