Notary Public Services

Our Gillian Baker and Paul Gostelow are both admitted as Notaries in Scotland. We can help you with the following:

1. Oaths, Affidavits and Affirmations

Where the legal validity of a document requires the administration of an Oath or the receipt of an Affidavit or solemn Affirmation, we can help. Under the Solicitors (Scotland) Act 1980, in such cases the Oath may be administered or the Affidavit or Affirmation received by a Notary Public. Such Affidavit or Affirmation should not relate to any matter in respect of preservation of the peace; a prosecution; trial or punishment of an offence; or any proceedings before either House of Parliament or any Committee thereof.

2. Affidavits in Undefended Divorces

Following the Divorce (Scotland) Act 1976 it is no longer necessary to have parole evidence in undefined divorces. Instead, appropriate Affidavit evidence can be used. Such Affidavits or Affirmations are made before Notaries Public, which has increased the work undertaken by Notaries in recent years, as noted in the introduction.

3. Foreign Documents

Many documents for use in foreign jurisdictions require execution or certification before a Notary and Notaries are frequently consulted by clients requiring documents authenticated in such matters, e.g. in the winding up of estates or in Court actions abroad. Powers of Attorney for use abroad often require to be executed before a Notary to constitute their validity.

4. Notarial Execution

Since 1540 Notaries have been empowered to sign documents on behalf of persons who are blind or unable to write. This has been a useful power frequently used by Notaries. Since 1st August 1995, the requirements and procedure involved have been simplified by the Requirements of Writing (Scotland) Act 1995.

For further info visit the Law Society of Scotland's website
http://www.lawscot.org.uk/members/notaries

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