Alterations to Attested Writings

Alterations (sometimes called vitiations) are defined as including interlineations, marginal additions, deletions, substitutions, erasures or anything written on an erasure. The definition is wide enough to include anything added to a deed after it has been typed, except for additions in spaces deliberately left blank for that purpose. A fundamental distinction is drawn between alterations made before subscription and alterations made afterwards.

Alterations Made Before Subscription

The 1995 Act provides that an alteration made before subscription shall form part of the document as so subscribed. Hence it is legally effective. In practice, it may not be clear whether an alteration was made before or after subscription, hence the Act also provides that if the alteration is declared in the testing clause in terms which state that the alteration was made before the document was subscribed, the presumption arises that such was the case.

Alterations Made After Subscription

Such alterations do not form part of the writing unless they are ‘rescued’ by being signed afresh by the granter and (if the alteration is to be not just valid but also self-evidencing) a witness.

None of the above applies to writings subscribed but not witnessed. Since such writings are not self-evidencing but have to be proved, it follows that any alteration to such a writing would have to be proved at the same time. There are special provisions for wills/testamentary writings, which are summarised at Alterations in wills.

See Deeds which Appear to Have Been Altered for further guidance.

Useful links

Requirements of Writing

Deeds which Appear to Have Been Altered (2012 Act Manual)

Signing (2012 Act Manual)

Where Execution does not Require to be Self-Evidencing (2012 Act Manual)

Authentication of Registrable Deeds (2012 Act Manual)

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

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