S6.7 Notarial Execution (Post 1995)

* There will no longer be a holograph docquet. A standard testing clause is used instead.

* The granter of the deed is entitled to dispense with the reading aloud of the document.

* If a notary stands to gain from the deed only the part of the deed from which the notary benefits is invalid.

* A blind person can sign the deed.

* A ‘relevant person’ acting as a notary is as follows:

- a solicitor with a certificate to practice in Scotland.
- an advocate.
- a Justice of the Peace.
- a Sheriff Clerk.
- if the deed is executed outwith Scotland a ‘relevant person’ includes a notary public or other person with official authority under the law of the place of execution to execute documents on behalf of persons who are blind or unable to write.

Procedure

1. The granter, notary and witness assemble.
2. The granter declares that he/she is blind or unable to write.
3. The notary reads the deed to the granter, unless the granter declares he does not wish this.
4. The granter authorises the notary to subscribe.
5. The notary subscribes.
6. The witness signs immediately. The witness must be present throughout. In notarial execution, the notary cannot sign outwith the presence of the witness, while later acknowledging his or her signature.
7. The testing clause contains a statement that the deed was read (or not, as the case may be) and that the granter gave authority for the notary to sign.