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Execution definition

What does Execution mean? Execution describes how a party gives legal effect to a document—typically a contract or deed—by signing it (and, for some bodies, sealing it) and, for deeds, ensuring any required attestation and delivery/formalities are met. It is a practical term; the governing rules are set by legislation and case law in each jurisdiction. England & Wales and Northern Ireland: simple contracts are usually executed by signature, including by electronic signature if the signer intends to authenticate and has authority. Deeds require signature by an individual in the physical presence of a witness who attests the signature; companies execute under Companies...

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Scots law execution of documents: writing requirements, subscription and self-proving, annexations, delivery (including electronic) and dating, and counterpart execution (1995 and 2015 Acts; property registers).

Practice notes
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The framework for Execution of documents under Scots Law is set out in the Requirements of Writing (Scotland) Act 1995 (RW(S)A 1995) and the Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 (LW(CD)(S)A 2015). This Practice Note reviews both the traditional approach to execution and execution by counterpart under Scots law.

Contracts or obligations that must be in writing

In Scotland, the default position is that a contract, a unilateral obligation, or a trust can be constituted without writing. Writing is, however, necessary for the following exceptions to that rule:

  • contracts, or unilateral undertakings, to create, transfer, vary or extinguish a real right in land (excluding tenancies or rights of occupation for less than a year and private residential tenancies)
  • the creation, transfer, variation or termination of a real right in land
  • an agreement between neighbouring proprietors regarding the accretion or erosion of their common boundary
  • a gratuitous unilateral obligation (other than one undertaken in the course of business)
  • a person making a will or becoming trustee of their own property

The remainder of this Practice Note addresses what is required for the execution of documents for these exceptions...

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Rod MacLeod
Rod MacLeod

Rod is a Partner in the banking and finance team at Shepherd and Wedderburn. He specialises in commercial and corporate finance, acting in Scotland for corporate borrowers, lenders and funds. He has wide experience in cross-border property and corporate finance deals, with particular expertise in residential and commercial mortgage-backed securitisation and funds finance....

Abby Doig
Abby Doig

Abby is an associate in the banking and finance team at Shepherd and Wedderburn, specialising in the regulation of financial products and services in the UK. She has extensive experience of assisting both regulated and non-regulated businesses in navigating the perimeter of UK financial services regulation, and on the interpretation and application of the Financial Conduct Authority’s rules and guidance. She also regularly advises a range of banks, building societies and financial institutions on consumer credit and unfair terms legislation, and her wider regulatory experience includes advising on the FCA's Senior Managers and Certification Regime, payment services legislation and outsourcing arrangements. A significant part of Abby’s practice includes reviewing and reporting on mortgage, retail, business, credit card and personal loan terms and conditions from both a regulated and a non-regulated perspective, as well as preparing and updating Scottish standard loan...

Web page updated on 21/05/2026

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