Execution in Scotland

Executing documents

Private Client lawyers work on a large variety of matters, many of which involve written agreements that will need to be executed by the parties. This subtopic will provide a resource for Scottish practitioners and for those practising in England and Wales involved in cross-border transactions as it summarises the law, guidance and practice relating to execution of documents in Scotland, including in particular:

1. •

   how valid execution is achieved by subscription

2. •

   the importance of witnesses in obtaining self-proving status for the execution

3. •

   the requirements of the Scottish property registers

4. •

   the delivery required for a document to be effective

5. •

   counterpart execution

6. •

   valid electronic execution and the advanced electronic signature

The Practice Note: Execution of documents under Scots law, summarises the law and practice relating to the execution of documents under Scots Law including which types of contracts or obligations must be recorded in writing and how valid execution