S6.6 Execution of Attested Writings (Post 1995)
Procedure
1. The granter subscribes the deed.
2. A witness is to hand. Only one witness is required. The same witness may evidence the signatures of a number of granters and, in that case, need only sign once.
3. The witness must not be another granter.
4. The witness:
(a) must be 16 years or over,
(b) must be capax, and
(c) must know the granter (or have been introduced to the granter by a third party).
5. The witness either:
(a) sees the granter subscribe, OR
(b) the granter acknowledges his or her signature to the witness.
6. The witness signs immediately.
7. The witness is designed by NAME and ADDRESS.
This must be a continuous process. Once a granter subscribes a deed, the deed is immediately valid. The granter could then keep the deed in a cupboard for 20 years, before acknowledging his subscription to a witness. Once the acknowledgement has taken place, the witness must sign at once.
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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