Legal Definition of Subscribing Witness

What is a Subscribing Witness?

A subscribing witness is an individual who witnesses the signing of a legal document and then adds their own signature to the document as proof that they witnessed the event. This act of subscribing serves as written testimony that the signing has indeed taken place. In other words, a subscribing witness is someone who attests to the authenticity and validity of a document by adding their signature to it.

Examples of Subscribing Witnesses

Let’s consider a few examples to better understand the role of a subscribing witness. Imagine you are a business owner who is signing a contract with a new supplier. To ensure the contract’s legality and enforceability, you may choose to have a subscribing witness present during the signing. This witness could be a trusted colleague, a lawyer, or any other individual who is not a party to the contract.

Another example could be a will. When creating a last will and testament, it is common to have subscribing witnesses present during the signing. These witnesses can confirm that the testator (the person making the will) signed the document willingly and without any undue influence. Their signatures provide additional evidence of the will’s authenticity and can help prevent disputes or challenges in the future.

The Importance of Subscribing Witnesses

Subscribing witnesses play a crucial role in the legal world. Their presence and signatures add an extra layer of credibility and validity to important documents. By attesting to the signing, subscribing witnesses help establish the authenticity of the document and protect against potential fraud or disputes.

In many jurisdictions, certain legal documents require the presence of subscribing witnesses for them to be considered legally binding. These documents may include wills, contracts, deeds, and other agreements. The presence of subscribing witnesses can help ensure that all parties involved understand the terms and consequences of the document they are signing.

In summary, a subscribing witness is an individual who witnesses the signing of a legal document and adds their own signature to confirm that they witnessed the event. Their role is to provide written testimony that the signing has taken place, adding credibility and validity to the document. Subscribing witnesses are particularly important in situations where the authenticity and enforceability of a document may be questioned. By understanding the legal definition and importance of subscribing witnesses, business owners can ensure the proper execution of important documents and protect their interests



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