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However, one point to bear in mind is whether the document will need to be filed with any authority or registry which may insist on a wet ink signature. The Law Society’s practice note on the execution of a document using an electronic signature, which was published on 21 July 2016 and which represents the Law Society’s view of good practice in this area, has clarified that a deed can be executed electronically.
At common law, a deed must be in writing, but there are a number of cases which have confirmed that an electronic representation of a document (for example, an exchange of emails) can satisfy this “in writing” requirement.
The date of a document is normally the date from which the parties have agreed to be bound.
As such, it should reflect accurately the date on which the parties signed it, or if signing on different dates, the date the last signature was added.
Dyson Descendant Corporation, Larry Dyson, and Martin White (the plaintiffs) appeal from a summary judgment in favor of the defendants. Catherine Dyson's signature on the Runnells deed did not have a privy acknowledgment; therefore, it could not convey her interest. Because of the alleged fraud and the alleged defects in execution and acknowledgment, the plaintiffs contended the Whiting and Runnells deeds are legally ineffective, and that they, as heirs of James and Catherine Dyson, are entitled to an ownership interest and/or possibility of reverter in the mineral estates.
The plaintiffs assert a right of reverter or an ownership interest in the mineral estate claimed by one of the defendants, Sonat Minerals, Inc., because the Whiting and Runnells deeds underlying the defendants' title are allegedly void. On October 9, 1990, Sonat Exploration and Sonat Minerals filed a plea in abatement, special exceptions, original answer, counterclaim, and motion for sanctions.
Therefore, these two deeds should be considered void ab initio. The relevant Jefferson County deed records have been manipulated in a manner that makes them suspect because there is backdating, incorrect order of the deeds, and numerous improper handwritings, penmanships, and signatures. Catherine Dyson, the wife of James Dyson, did not sign the Whiting deed; therefore, it could not convey the homestead and community property of James and Catherine Dyson. Patillo, who acknowledged the Runnells deed, had an inherent conflict of interest that was tantamount to fraud because he was a relative of the grantee, Runnells, and because he was financially interested in the transaction.
The Whiting and Runnells deeds "appear tainted with apparent fraudulent activities" because the recordation dates are added after the fact, entries in volumes A, B, and C of the Jefferson County land records are out of order chronologically, and deed entries appear to be backdated and entered on a Sunday.
After a series of long and complex negotiations, the document is finally agreed. But now the document must be validly executed – and this is where all the hard work in reaching agreement can be undone.
Below we answer ten questions that are commonly raised in relation to the execution of deeds and documents. English law lays down few formalities for the form of a contract and almost all simple contracts, even those which statute requires are “in writing” or “signed”, can be executed electronically.
It also potentially gives ammunition to a litigious third party seeking to make a claim against the trust.
In NSW, the Office of State Revenue has successfully prosecuted individuals (or their agent) who engaged in criminal behaviour to evade their tax obligations by deliberately providing false and misleading information (eg, backdated documents).
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