What is the current state of the law on the execution of a sealed document?

The Law Reform Commission of British Columbia, in its "Report on Deeds and Seals " (Vancouver, 1988), helpfully summarized the law with respect to the execution of sealed documents (at p. 9): Whether a deed is binding on its maker depends upon whether he intended to execute and be bound by it as his deed. This he signifies by executing the document under seal, which raises the issue of what is a sufficient act of sealing. Affixing a seal does not in itself make an instrument a deed. That must be determined from the circumstances, such as the acts and words of the instrument's maker. It is useful to note the classic dicta of Blackburn J. [in Xenos v. Wickham, (1867) L.R. 2 H.L. 296]: No particular technical form of words or acts is necessary to render an instrument the deed of the party sealing it. The mere affixing the seal does not render it a deed; but as soon as there are acts or words sufficient to show that it is intended by the party to be executed as his deed presently binding on him, it is sufficient. It has been held that what constitutes a good seal is a question of law, while what constitutes a sufficient act of sealing is a question of fact. This is not a particularly useful distinction. Whether something constitutes a good seal invariably involves a consideration of the process of sealing. Ultimately, the issue becomes whether the maker of the instrument intended to execute it under seal and make it a deed.