Queensland Consolidated Acts

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PROPERTY LAW ACT 1974 - SECT 45

Formalities of deeds executed by individuals

45 Formalities of deeds executed by individuals

(1) Where an individual executes a deed, the individual shall either sign or place the individual’s mark upon the same and sealing alone shall not be sufficient.
(2) An instrument expressed—
(a) to be an indenture or a deed; or
(b) to be sealed;
shall, if it is signed and attested by at least 1 witness not being a party to the instrument, be deemed to be sealed and, subject to section 47 , to have been duly executed.
(3) No particular form of words shall be requisite for the attestation.
(4) A deed executed and attested under this section may in any proceedings be proved in the manner in which it might be proved if no attesting witness were alive.
(5) Nothing in this section shall affect—
(a) the execution of deeds by corporations; or
(b) how instruments are validly executed under the Land Title Act 1994 ; or
(c) any deed executed before the commencement of this Act.



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