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Documents that cannot be signed electronically

Wills, powers of attorney, land deeds and a few other documents need ink, witnesses or a notary in many countries. Here is what each law excludes.

Electronic signatures are valid for most contracts in almost every country. But most e-signature laws list a few kinds of document they do not cover. Those still need a handwritten signature, witnesses, a notary or registration with a public office.

When a document you are about to send looks like one of them, SignSpry warns you on the prepare screen and asks you to confirm before it goes out. The warning is a guide, not a block: you may only want a record that the parties agreed, and laws change. If in doubt, ask a lawyer where the document will be used.

What each law excludes

Kind of documentExcluded in
Wills, codicils, testamentsIndia (IT Act 2000, First Schedule), United States (ESIGN § 7003, UETA), United Kingdom (Wills Act 1837), Singapore (ETA 2010), Canada (provincial acts), most Australian states
Powers of attorneyIndia, Singapore (except lasting powers of attorney), Canada (finances and personal care); many EU countries need a notary
Trust deedsIndia (Indian Trusts Act trusts), Singapore (express trusts), US and Canada (testamentary trusts)
Sale or transfer of land and buildingsIndia (sale and conveyance of immovable property), Singapore; elsewhere a notarial deed or registry rules apply
Negotiable instruments (promissory notes, bills of exchange)India (other than cheques), Singapore (outside electronic transferable records), United States (most of the UCC), Canada
Marriage, divorce, adoptionUnited States (family-law matters); everywhere, the court or registrar's own forms
Court documents and affidavitsUnited States (court orders and notices); affidavits and statutory declarations must be sworn before an authorised person
Foreclosure, eviction and utility shut-off notices, insurance cancellationsUnited States (ESIGN § 7003(b)) — these notices must be given on paper
Personal guaranteesGermany (BGB § 766) and some other EU countries
Ending an employment contractGermany (BGB § 623)

The United Arab Emirates' law (Federal Decree-Law 46 of 2021) has no list of its own, but real estate title, wills, marriage and divorce, and documents that must be notarised follow their own procedures.

Electronic signatures are fine for everyday agreements — NDAs, sales and service contracts, offer letters, rental agreements, purchase orders and the like. The list above is short on purpose.
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