Jurisdiction(s):
United Kingdom

Key definition

Execution definition

What does Execution mean? Execution describes how a party gives legal effect to a document—typically a contract or deed—by signing it (and, for some bodies, sealing it) and, for deeds, ensuring any required attestation and delivery/formalities are met. It is a practical term; the governing rules are set by legislation and case law in each jurisdiction. England & Wales and Northern Ireland: simple contracts are usually executed by signature, including by electronic signature if the signer intends to authenticate and has authority. Deeds require signature by an individual in the physical presence of a witness who attests the signature; companies execute under Companies...

Execution of Trust-Based Occupational Pension Scheme Deeds and Simple Contracts: Formalities, Witnesses, Delivery, Virtual Signings and Electronic Signatures (England and Wales)

Published by a LexisNexis Pensions expert

Practice notes

This Practice Note applies solely to documents governed by the law of England and Wales. Its main focus is trust-based occupational pension schemes. A document is only enforceable by a court if it has been executed validly. It is therefore essential to follow the correct Execution formalities. In pensions practice, the relevant paperwork will typically comprise trust deeds (contracts under seal) and various other forms of written agreements. While oral (ie non-written) agreements are uncommon in the pensions context, as a matter of principle they can be effective unless legislation mandates writing (for example, a contract for the sale of land under section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989)). This should be kept in mind when examining, or seeking to manage, any specific pension scheme...

Execution formalities for deeds

Deeds concerning the trusts of occupational pension schemes are frequently encountered in pensions work. Examples include:

definitive trust deeds and Rules
deeds of Appointment and removal of trustees, and
deeds

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Wyn Derbyshire

gunnercooke LLP

Wyn is a partner at gunnercooke LLP and specialises in pensions, trust and employment law in all industry sectors, dealing with the transactional, advisory and documentation aspects.He also has wide experience of the pensions implications of heavyweight corporate transactions and flotations, the issues arising from the establishment and merger of pension schemes, and sex equalisation and other discrimination issues in respect of benefits provided by pension schemes. In addition, he provides advice to pension scheme trustees generally.Recent transactions include advising Amcor on pension matters relating to the acquisition of Alcan business and the acquisition of Northern Foods PLC by Boparan Holdings.He is a co-author (with Stephen Hardy and Stephen Maffey) of TUPE: Law and Practice, published by Spiramus Press (now in its 4th edition), and co-author (with Stephen Hardy and David Wicks) of Money & Work, published by Spiramus Press in August 2007. He has also...

Web page updated on 21/05/2026

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