Declaration of Trust

Sally Hebard

• 08 May 2024 04:04

Can a Declaration of Trust be signed electronically?

I have generated a Form 484 for share transfer from a deceased client to the trustees of the Estate.  It asks for the document to be signed in the presence of:

Who can this person be and can the form be signed electronically with the rest of the document?

 

0

• Official comment

  

  Andre Jones

  • 09 May 2024 02:07

  Hello Sally, 
  Thank you for getting in touch. 
  
  Unfortunately, the Declaration of Trust can not be signed electronically signed. The Declaration of Trust requires the document to be signed, sealed and delivered in the presence of another. Therefore the witness likely needs to be present for the signing. It is unlikely this can be facilitated as it is difficult to ensure a witness is properly present when the document is digitally signed.
  Our Product team is aware of this issue and is working on a resolution to this issue.    
  
  In regards to your second question as different states have varying requirements in terms of witnessing I would recommend to refer to the relevant State Laws.
  
  I hope this helps. 

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