E-signatures · Glossary

What does signed, sealed and delivered mean?

Signed, sealed and delivered is the traditional formula for executing a deed. Signed meant the party put their signature on it, sealed meant a wax or wafer seal was attached, and delivered meant the party showed they intended to be bound. Most places no longer require a physical seal, but a deed must still be executed and delivered.

The phrase survives on deeds long after the wax has gone. Each word still points at something that matters: a signature, the formality that makes it a deed, and the moment it takes effect.

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4 min read · Published

The three words, then and now (general information)
WordOriginally requiredToday, broadly
SignedA signature or mark of the partyStill required, often with a witness for individuals
SealedA wax or wafer seal attached to the documentUsually unnecessary; the document says it is a deed
DeliveredHanding over the deed or an act showing intent to be boundStill required; it fixes when the deed takes effect

What a deed is

A deed is a written promise that binds without consideration, the exchange of value an ordinary contract needs. That is why releases, guarantees, gifts and some property transfers are made as deeds. Deeds also carry longer limitation periods in many places. Because a deed binds without a bargain, the law has always insisted on formality, and signed, sealed and delivered was the formula that showed every step had been taken.

Sealing and its abolition

The seal was once the essence of a deed. England and Wales removed the need for an individual to seal a deed in 1989: section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 requires the document to make clear on its face that it is a deed and to be validly executed, which for an individual means signed in the presence of a witness who attests, and delivered. Australian states made similar reforms at different times, and companies execute deeds under section 127 of the Corporations Act 2001 without a seal. Many deeds keep the old wording out of habit.

Delivery still matters

Delivery does not mean posting. It means conduct showing the party intends to be bound by the deed now. Delivery can be conditional, held in escrow until something happens, such as payment on settlement. That is why a deed takes effect on delivery rather than on signature, and why lawyers care about when each party delivers.

Common mistakes

Calling a document a deed but executing it like a contract, without the witness an individual's deed may require. Assuming a deed can always be signed electronically, when the rules for electronic deeds and remote witnessing vary by state and by document. Leaving out the statement that the document is a deed. And signing a deed undated with no clarity about when it was delivered.

Deeds and the product

The e-sign module records electronic signatures with an audit trail, identity checks by email link, access code or one-time code, and a certificate of completion, but it has no witness role. Whether a particular deed may be signed electronically, and witnessed, depends on the law of the place and the type of deed, so check that before sending one for electronic signature. This page is general information, not legal advice.

Questions people ask

Is signed, sealed and delivered still legally required?

The phrase is not. What is required is that the document be executed as a deed under the applicable law, which usually means stating it is a deed, signing in the correct way, often with a witness for individuals, and delivering it. The old words remain common but carry no magic of their own.

Does a company need a seal to sign a deed?

Not in Australia or the UK. An Australian company can execute a deed under section 127 by two directors, or a director and secretary, and state that it is executed as a deed. A UK company can use section 44 of the Companies Act 2006. A company may still choose to use a seal if its constitution allows.

What does delivered as a deed mean?

It means the party has shown it intends to be bound immediately, or on a condition being met. In practice delivery is usually presumed on execution unless the deed says otherwise. Escrow delivery holds the deed until a condition, such as settlement, is satisfied, so the deed does not bind until then.

Why would someone choose a deed instead of a contract?

Because a deed binds even where one side gives nothing in return, such as a release, a guarantee or a deed poll. It also often has a longer limitation period, for example twelve years against six for a simple contract in England and Wales. Those features make deeds the usual form for releases and guarantees.

Can a deed be signed electronically?

In some places and for some deeds, yes. Australian Commonwealth law now allows companies to execute documents electronically, and several states permit electronic deeds. Witnessing rules for individuals vary. The post on whether a deed can be signed electronically walks through the main cases.

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Sources

Written and checked by the OneCraft team. Last checked .