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【Wealth Succession】Electronic signatures officially declared to be legally valid – except on wills

The Law Commission of England and Wales has published a report confirming authoritatively that electronic signatures can lawfully be used to execute documents, including deeds and other documents where there is a statutory requirement for a signature.

The Commission tentatively expressed the same view in a consultation paper issued in January 2018, and has now confirmed it based on a scrutiny of legislation and case law relating to both non-electronic and electronic signatures. It says English common law has always been flexible in recognising a range of types of signature, including signing with an ‘X’, initials only, a printed name, or even a description of the signatory such as 'Your loving mother'.

'The courts have considered electronic signatures on a number of occasions and have accepted electronic forms of signatures, including a name typed at the bottom of an email, or clicking an 'I accept' tick box on a website', it says. ...

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