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:

•
how valid execution is achieved by subscription
•
the importance of witnesses in obtaining self-proving status for the execution
•
the requirements of the Scottish property registers
•
the delivery required for a document to be effective
•
counterpart execution
•
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

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Private Client News

MoJ publishes factsheet on applying for payment out of a fund following the death of a Court of Protection client

The Ministry of Justice has published a new factsheet (CFO 401) detailing the process of applying for payment out of a fund held by the Court Funds Office following the death of a Court of Protection client. The framework, which applies to England and Wales, outlines the specific form to be completed, the necessary supporting documentation, and the procedure for applying for payment of inheritance tax and funeral expenses.

Finance Bill 2025 update: Public Bill Committee to begin in January

The Public Bill Committee is expected to begin scrutiny of the Finance Bill on 28 January 2025. Comments on the Bill are invited before then, and revised explanatory notes have been issued to cover the Government’s proposed Pillar 2 amendments.

Private Client weekly highlights—19 December 2024

This week’s edition of Private Client highlights includes: (1) HMRC updates form IHT100f; (2) Knight v Barnsley, which held that the Court of Protection did have jurisdiction to determine a dispute over a claimant’s deputy’s release from reverse indemnity undertakings; (3) Manolete Partners Plc v White, in which the Court of Appeal held that occupation pension benefits are generally inalienable; (4) Hannah v Revenue and Customs Commissioners, where the First Tier Tribunal (Tax) permitted the amendment of grounds of appeal to include ground that the transfer of assets abroad regime is incompatible with EU law; (5) Hirachand v Hirachand, a decision of the Supreme Court which makes it clear that success fees cannot be included in awards for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975; and (6) the Chancellor has confirmed that the Spring Forecast will take place on 26 March 2025.