Many Canadians will encounter legal documents that require witnesses, but few fully understand what they mean, why it matters, or the legal consequences of getting it wrong. It is not just a formality. Choosing the wrong witness signature can cause unnecessary delays or costly errors that could invalidate your document later.

Understanding the role of a witness signature, who can act as one, and following the proper signing process will help ensure your documents stand up in court and reflect your true intentions.

What Does It Mean to Have a Witness Signature?

A witness signature serves as independent proof that a person actually signed a document. The witness’s role is to confirm that the signer was present, appeared to understand what they were signing, and did so of their own free will.

When an independent witness signs a document, they are not confirming the content or agreeing to the terms. Their only responsibility is to observe the signing and attest that the signature was made by the individual whose name appears on the document.

For example, if John Smith signs a legal contract, the witness’s job is to confirm that they saw John Smith personally sign that document. After the witness observes the signing, they would then add their own signature and information to the signed document, typically including their name, address, and sometimes occupation, to indicate they were present for the signing.

A witness signature is often a legal requirement. Still, more than that, it is a safeguard against future disputes over whether a document was signed properly, or whether the person signing did so under pressure or without understanding.

Why Witness Signatures Are Important

Witness signatures play an important role in preventing fraud, providing authenticity, and legal validity of a document. A properly witnessed document helps establish:

• Identity verification: The witness confirms that the person signing is indeed who they claim to be.
• Voluntary action: The witness can confirm that the signing was done willingly and without coercion.
• Evidence in court: If a dispute arises, the witness can be called to testify and provide evidence of the document’s validity, stating that the document was properly signed.

In Alberta, certain documents are not considered valid unless properly witnessed. These include wills, enduring powers of attorney, and personal directives. Other types of contracts may not legally require a witness, like a travel consent form for a child, but having one can add credibility and help avoid challenges later.

Who Can Witness a Signature in Canada?

The rules for witnessing a signature in Canada are generally similar across provinces, although certain documents have specific requirements under provincial law. In Alberta, the general rule is that a witness must be an independent adult who can verify the signature objectively. A witness must:

1. Be at least 18 years old
2. Be of sound mind with the mental capacity to understand what they are witnessing
3. Be physically present when the document is signed

In most cases, a witness cannot be a party to the signed document or have any financial or personal interest in its outcome. The reason for this is to maintain impartiality; the witness must be neutral to ensure there’s no conflict of interest. They must also be identifiable and be able to be reached later if needed (for example, to testify).

For example, if you’re signing a contract between yourself and another person, neither party should act as the witness for the other.

Some types of documents, such as affidavits, statutory declarations, or real estate transfers, must be witnessed by specific professionals known as commissioners for oaths or notaries public.

For example, in Alberta, a commissioner for oaths can witness affidavits, statutory declarations, and other sworn documents for Alberta. While a notary public can witness and certify signatures for documents that may need to be used outside of Alberta or Canada. They carry much greater legal authority than a standard witness signature. These roles are appointed under Alberta law, and individuals who hold these designations can formally verify identities and administer oaths.

Who Can I Use as a Witness Signature?

You can typically use almost any adult who is not directly involved in the matter as a witness. Here are some examples of people who commonly serve as witnesses:

• Friends or neighbours who are not related to the transaction
• Co-workers or colleagues
• Professionals such as teachers, accountants, or community leaders
• A commissioner for oaths or a notary public (especially for legal or official documents)

A family member (other than your spouse) can technically serve as a signature witness in some cases, but it’s not recommended. No person should have any personal or financial stake in the agreement. Always choose a neutral third party over family members when possible.

The rule of thumb is that you should avoid using anyone who might benefit from the document and isn’t legally restricted, such as a spouse, child, business partner, or anyone else named in the agreement.

For instance, if you are signing a will in Alberta, your witness cannot be a beneficiary or the spouse of a beneficiary. Doing so could make parts of the will invalid because of the potential for conflict of interest.

Also, keep in mind that some jurisdictions may prohibit individuals with certain criminal records from acting as a signature witness.

Is a Signature Witness Mandatory?

Whether a witness signature is mandatory depends on the type of document being signed. In Alberta, not all documents require a witness, but some do by law. Here’s a breakdown of when witness signatures are required and when they are not.

Wills

A will requires witness signatures by law. In Alberta, it must be signed by the testator (the person making the will) in the presence of two witnesses, both of whom must also sign the will in the testator’s presence.

The two witnesses to a will must be at least 18 years old, cannot be a beneficiary or executor, or the spouse of a beneficiary or executor, and must be present during the signing. Failing to meet these legal requirements could result in parts of the will being invalid.

Enduring Powers of Attorney and Personal Directives

An Enduring Power of Attorney is a legal document in Alberta that allows you to appoint someone (called an attorney) to make financial and property decisions on your behalf. It continues to be valid even if you later become mentally incapacitated. To be valid, an enduing power of attorney must also be witnessed.

The following people cannot act as witnesses for an enduring power of attorney: The attorney (the person being appointed), the spouse or adult interdependent partner of the person signing or of the attorney, or anyone under 18 years of age.

Similar rules apply for personal directives, which specify decisions about health care and personal matters. The witness must be an independent adult who is not a spouse, partner, or person named in the directive.

Real Estate Transactions

For property transfers, mortgages, or land title documents in Alberta, signatures must be witnessed by a commissioner for oaths or notary public. This ensures that the person signing is properly identified and that the transaction meets land titles office requirements. These signings are typically completed in a law office, where a commissioner or notary verifies identification, witnesses the signing in person, and applies their official stamp or seal to confirm authenticity.

Business Contracts

For general business or personal contracts, a witness signature is not legally required unless specified in the contract itself. However, including a witness can strengthen the enforceability of the agreement by showing that it was signed voluntarily and knowingly.

Affidavits and Statutory Declarations

These legal documents require a commissioner for oaths or notary public to witness them. The person making the statement must sign in front of the commissioner, who will then sign, stamp, and date the document. This step helps protect both the signer and the institutions relying on the document, ensuring that the statement can be trusted as a truthful and verified record.

What Happens If a Document Is Not Properly Witnessed?

If a document that legally requires a witness is not properly witnessed, it may be declared invalid or unenforceable. For example, a will without at least two witnesses might be challenged in court or refused probate, a power of attorney signed without an eligible witness may not be accepted by banks or institutions, or a real estate transfer not properly witnessed by a commissioner for oaths might be rejected by the Land Titles Office.

For documents that do not require a witness, failing to have one doesn’t automatically make it invalid. However, it can make proving authenticity more difficult if the document is ever disputed.

Electronic Signatures

With the growing use of digital documents, Alberta law allows electronic signatures in many situations. However, witnessing electronic signatures can be more complex.

Under the Electronic Transactions Act (Alberta), electronic signatures are generally valid for most agreements, provided all parties consent, and the integrity of the signature can be verified.

That said, certain documents, such as wills, enduring powers of attorney, and land title forms, must still be signed in person with a physical witness to be legally valid. These documents require a traditional in-person witnessing process because they involve a higher legal risk and are subject to specific legislation.

During the COVID-19 pandemic, temporary provisions were introduced to allow remote witnessing through video conferencing under specific conditions. Some of these measures have since become permanent for certain types of documents. Still, requirements vary, and legal advice should be obtained before proceeding with electronic signatures for your official legal documents.

What a Witness Should Do

If you are asked to witness someone’s signature, here’s what you should do:

• Watch the person sign the document in front of you.
• Confirm their identity, especially if you don’t know them personally (ask for government-issued ID).
• Sign your own name immediately after, in the space provided for the witness.
• Print your name, address, and date so you can be contacted later if needed.
• Avoid making changes or writing anything else on the document unless instructed.

Remember that by signing as a witness, you are not taking responsibility for the contents of the document. You are only verifying the authenticity of the signature.

Make sure you are signing on the same day and time. A common witness signature mistake is signing on different days or locations (the witness must be present during signing).

Witness signatures are a crucial part of ensuring legal documents are valid and enforceable in Alberta. While not every document requires a witness, having a witness signature adds an important layer of authenticity and protection.

If you’re unsure whether your document needs to be witnessed or who can act as a witness, it’s best to consult a lawyer. At DLegal Law Office, we help you avoid costly errors that could invalidate your document later.

If you are preparing a legal document that requires a witness signature, our team can help ensure everything is done correctly. We provide witnessing services, notarizations, and legal guidance for individuals, families, and businesses across Alberta.

Contact our law firm today to schedule an appointment or to speak with one of our lawyers about your document.

The content of this article is intended to provide a general guide to the subject matter and should not be considered legal or other professional advice. To get detailed information regarding your specific circumstances, please discuss your situation with a lawyer or other professional. Refer to our Legal Notice  for more details.