SCHEDULE 1 Alterations Made to a Document [Traditional Document] After it Has Been Subscribed
Requirements of Writing (Scotland) Act 1995 (1995 c 7) | Legislation

SCHEDULE 1 Alterations Made to a Document [Traditional Document] After it Has Been Subscribed

Section 5(8)

Presumption as to granter's signature or date or place of signing

1

(1)     Subject to sub-paragraphs (2) to (7) below, where—

(a)     an alteration to a document [traditional document] bears to have been signed by a granter of the document;

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

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

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

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

the alteration shall be presumed to have been signed by that granter.

(2)     Where an alteration to a testamentary document consists of more than one sheet, the alteration shall not be presumed to have been signed by a granter as mentioned in sub-paragraph (1) above

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