Prior to the Requirements of Writing (Scotland) Act 1995, (‘the 1995 Act’), the Keeper had certain leeway to record a deed which contained a non-fatal informality of execution, for example, unauthenticated alterations. The terms of the 1995 Act now preclude the Keeper from accepting for registering any document which is merely subscribed. In the Register of Deeds and Probative Writs in the Books of Council and Session and Sheriff Court Books, the general rule laid down by section 6 of the 1995 Act is that a document is only registrable if it is self-evidencing, i.e. in the case of a document granted by an individual, subscribed by the granter and attested by one witness. If the document is patently not self-evidencing in some way, the Keeper has no power to accept it.

As noted above, under the 1995 Act deeds can only be registered that are self-evidencing. This means that where a document bears to be subscribed by the granter and a witness and states in the testing clause the name and address of the witness and where there is no contradiction in the document, then the deed is self-evidencing (or self-proving). The authenticity of the granter’s subscription and of the content of the deed requires no further corroborative evidence to establish its terms and formality of execution. See Authentication of Registrable Deeds and Requirements of Writing, which sets out the Keeper’s viewpoint on the operation of the 1995 Act. This applies not only to the Register of Deeds and Probative Writs in the Books of Council and Session, but also to other registers under the Keeper’s control.

Useful links

Holograph

Signing (2012 Act Manual)

Authentication of Registrable Deeds (2012 Act Manual)

Requirements of Writing (Scotland) Act 1995 (external link)

The granter's signature requires to conform to the terms of section 7(2)(a) or section 7(2)(b) of the 1995 Act for the execution to be self-evidencing (or self-proving). A signature which complies with section 7(2)(c) of the 1995 Act is sufficient to make the deed valid, but not self-evidencing (or self-proving).

The most significant issues affecting the Register of Deeds and Probative Writs in the Books of Council and Session are considered in the other pages within the Requirements for Execution section. There are, however, exceptions to the rules, for example in relation to testamentary documents and these are set out in types of deeds being registered - Wills.

In the Books of Council and Session, registration may occur if required or expressly permitted under any enactment. In addition, holograph wills can continue to be registered.

Section 6(3)(c) waives the normal self-evidencing requirement in relation to:

A testamentary document.
A document directed to be registered by the Court of Session or the sheriff.
A document whose formal validity is governed by a law other than Scots law, if the Keeper is satisfied that it is formally valid according to the relevant foreign law.
A court decree under the 1995 Act making good an omission or informality in an already registered document.

See Documents being Registered which do not Require to be Self-proving.

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