When is it Illegal to Backdate a Document? Yet, backdating documents can be illegal or even criminal. If backdating document misleads a third party or gives a false impression about when an action was taken, it may be fraudulent. The parties intentions are also important when evaluating whether backdating is legal.

Is backdating a deed illegal?

The first and most important thing to note about the consequences of backdating a document is that it is potentially a criminal offence. Where backdating is done for financial gain, it may also constitute the more dull-sounding criminal offence of obtaining a pecuniary advantage by deception.

Can I back date an agreement?

Sometimes parties backdate a contract to recognise an earlier oral agreement. This is a legal reason to backdate a contract. Ensuring this kind of legal backdating can be done by disclosing the backdating in the contract and checking the terms of the oral agreement are correctly transcribed.

Can you predate a deed?

A deed on the other hand should never be backdated. Remember a deed must be in writing and as such the legal obligations created in a deed can only come into effect on (or after) the date of execution.

Does a deed need to be witnessed?

When an individual executes a deed, their signature must be witnessed. A party to a deed cannot be a witness to another signature to that deed.

Who can be a witness for mortgage deed?

Consequently, the ideal witness under English law is a person aged 18 or over, who is not a party to the deed, has no commercial or financial interest in the subject matter of the deed and no close personal relationship with the person whose signature they are witnessing.