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Who can be a witness to a contract of sale or mortgage documents?

Not all legal documents need to have a witness. However, some legal documents need to have a witness.

Question: Who can witness Contract of Sale or Mortgage Documents?

Answer: In Australia, the witness must be:

  1. Be Over 18 years of age.
  2. Not a party to the loan or the contract or have any financial interest in the documents.

Question: Can a close family member be a witness?

Answer: No, Brothers, mothers, uncles and any close family should not be a witness. It is just being prudent. It is best to have third party to witness your signature.

Question: Can a friend be a witness?

Answer: It is a good idea to have a friend as a witness as they have known you already.

Question: Can a co‐worker be a witness?

Answer: Yes, co‐workers can be an excellent witness.

Question: Can a doctor be a witness?

Answer: Sure can. But we shouldn’t waste their time as they are very busy

Question: Can the Prime Minister be a witness?

Answer: Definitely

Question: Should a conveyancer or a lawyer or a judge be a witness?

Answer: No. They are so busy. You have other options such as anyone of your friends or acquaintances will do. They usually do not know you personally for 2 years.

TIP: In some cases, you will need a JP to witness for you. You may find JP’s in your area and make some appointments.

Some documents from certain company’s may require that the witness must have known you for at least 2 years before they can witness.

Who can be their witness?
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