S6.3.1 Individuals
1. A proper signature is subscription of forename (or the initial letters thereof) and surname. Noblemen, however, may sign by using their title e.g. Earl of Seafield subscribes “Seafield”.
2. Recognised diminutives of forenames should be accepted without question e.g. James signing as Jimmy.
3. The prefixes “Mr”, “Mrs”, “Miss”, etc. added to a signature are acceptable provided forenames or initials are used as well, e.g. Mrs MacDonald is not acceptable but Mrs A R MacDonald is.
4. Execution by a mark is invalid e.g. a thumbprint or “X”. N.B. execution by a mark in Wills or other testamentary deeds is now acceptable.
5. Writs may not be signed by a stamp.
6. Superscription, i.e. signing at the top of a writ, is invalid, except by the Sovereign.
7. A signature written on a piece of paper and stuck onto the writ or plan is unacceptable.
8. Married women in Scotland may sign using their maiden surname, but if the maiden surname is used it should be declared.
9. A signature of a party on erasure is acceptable but not desirable.
10. The signature must be “the voluntary, spontaneous act of the granter”. The hand may not be guided nor can a pencilled signature be inked in. The hand may be supported if held above the wrist - but this should be avoided except in extreme emergency.
11. Where a party signs a deed in two or more capacities, e.g. as Trustees and as an individual, it is sufficient that their signature appears only once. The dual capacity should be stated in the deed.
12. If the last page of a document contains insufficient space for all granters to subscribe, an additional page or sheet may be used for some of the signatures provided at least one granter signs at the end of the original last page of the document. This is a useful provision for cases involving multiple granters, where it is often impossible to cram all of the signatures onto the last page.
As the provisions of the Requirements of Writing (Scotland) Act 1995 only affect deeds executed after 1 Aug. 1995, it is necessary to know something of the requirements that existed prior to that date. These requirements must be met in deeds executed prior to 1 Aug. 1995.
Registers of Scotland (RoS) seeks to ensure that the information published in the Sasines Manual is up to date and accurate but it may be amended from time to time.
The Manual is an internal document intended for RoS staff only. The information in the Manual does not constitute legal or professional advice and RoS cannot accept any liability for actions arising from its use.
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