3 Presumption as to granter's subscription or date or place of subscription
Requirements of Writing (Scotland) Act 1995 (1995 c 7) | Legislation

3  Presumption as to granter's subscription or date or place of subscription

(1)     Subject to subsections (2) to (7) below, where—

(a)     a document [traditional document] bears to have been subscribed by a granter of it;

(b)     the document bears to have been signed by a person as a witness of that granter's subscription and the document, or the testing clause or its equivalent, bears to state the name and address of the witness; and

(c)     nothing in the document, or in the testing clause or its equivalent, indicates—

(i)     that it was not subscribed by that granter as it bears to have been so subscribed; or

(ii)     that it was not validly witnessed for any reason specified in paragraphs (a) to (e) of subsection (4) below,

the document shall be presumed to have been subscribed by that granter.

(2)     Where a testamentary document consists [traditional document is a testamentary document consisting] of more than one sheet, it shall not be presumed to have been subscribed by a granter as mentioned in subsection (1) above unless, in addition to it bearing to have been subscribed by him and otherwise complying with that subsection, it bears to have been

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