Legal Definitions - subscribing witness

A subscribing witness is an individual who observes another person (or people) sign a legal document and then, in turn, signs the same document themselves. By adding their signature, the subscribing witness formally attests that they were present and saw the principal parties sign the document. This act serves to verify the authenticity of the signatures and the proper execution of the document.

Here are some examples to illustrate this concept:

• Example 1: Signing a Last Will and Testament

  Imagine Mr. Thompson is finalizing his Last Will and Testament. To ensure its validity, the law often requires that he sign it in the presence of two witnesses. His neighbor, Maria, and his colleague, David, are present when Mr. Thompson signs his will. After Mr. Thompson signs, Maria and David then sign the will themselves in a designated section for witnesses, confirming that they saw Mr. Thompson sign. In this scenario, Maria and David are subscribing witnesses because they observed Mr. Thompson sign the document and then affixed their own signatures to attest to that fact.

• Example 2: Executing a Formal Deed

  Consider a situation where Ms. Evelyn is transferring a piece of property to her son through a formal deed. While often notarized, some jurisdictions or specific types of deeds may also require subscribing witnesses. Ms. Evelyn signs the deed in the presence of her long-time friend, Robert, and her accountant, Sarah. After witnessing Ms. Evelyn's signature, Robert and Sarah also sign the deed in the spaces provided for witnesses. Robert and Sarah are subscribing witnesses because their signatures on the deed confirm that they personally observed Ms. Evelyn sign the document, adding an extra layer of verification to the property transfer.