1 Writing required for certain contracts, obligations, trusts, conveyances and wills
Requirements of Writing (Scotland) Act 1995 (1995 c 7) | Legislation

[Part 1 When writing is required]

1  Writing required for certain contracts, obligations, trusts, conveyances and wills

(1)     Subject to subsection (2) below and any other enactment, writing shall not be required for the constitution of a contract, unilateral obligation or trust.

(2)     Subject to [subsections (2A) and [subsection] (3)] below, a written document [which is a traditional document] complying with section 2 [or an electronic document complying with section 9B] of this Act shall be required for—

(a)     the constitution of—

(i)     a contract or unilateral obligation for the creation, transfer, variation or extinction of [a real right] in land;

(ii)     a gratuitous unilateral obligation except an obligation undertaken in the course of business; and

(iii)     a trust whereby a person declares himself to be sole trustee of his own property or any property which he may acquire;

(b)     the creation, transfer, variation or extinction of [a real right] in land otherwise than by the operation

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