S6.3.6 Witnesses (Post 1995)
Only one witness is required. The witness must either see the granter sign the deed or the granter must acknowledge their signature to them. The witness must not be a granter in the deed being witnessed (the 1995 Act does not state that a witness cannot be a grantee). The designation of the witness, which is a necessity, may appear in the testing clause or may be appended to their signature. The name of the witness has to be given either in the testing clause or underneath their signature.
Witnesses must:
a) be 16 years or over
b) be capax (mentally sound)
c) know the Granter.
The rules which apply to the signature of a party apply generally to the signatures of witnesses.
The same witness may attest several signatures to a deed. If all the parties sign together, the witness requires to sign once only; if several parties sign at different times, the witness should sign on each occasion.
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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