Letter: still there?
Section 3(1)(b) of the Requirements of Writing (Scotland) Act 1995 requires that witnesses be named and designed. Throughout 60 years of practice, when a witness resides in the same town as that in which the deed is signed I have described the witness as residing at an address “there” without repeating the name of the town, for example: “at Kirkcaldy before AB of 37 Kirk Wynd there”.
I have just had a deed rejected from registration in the Books of Council & Session on the grounds that the town of residence of witnesses must be stated or given a postcode. By the same post I received another deed duly registered with the same testing clause.
Where are we now?
Brian C T Wood, Charles Wood & Son, Kirkcaldy