Can only solicitors draw up deeds?

eteb3

Free Member
  • Jul 18, 2019
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    In another thread, @NicoJ told me that a deed of waiver has to be drawn up by a solicitor (or notary, presumably) because it's a deed.

    I've no special reason to doubt you @NicoJ (except that it's a forum, so it's a bit wild west sometimes ;-)

    Is this really true?! I can see that if you hold yourself out as having special legal expertise, the law would want to stop you acting without special authorisation.

    But on a couple of occasions I've had an ordinary layman's contract in plain language, and signed it as a deed just because it suited the occasion: once we wanted a 12-year limitation period, once I wanted to make a gift to a charity that the charity could bank on.

    Are you saying it's illegal for me to have drawn these up - for myself, with my counterparty fully aware that it was my drafting?
     

    Gyumri

    Free Member
    Nov 25, 2008
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    I think @NicoJ may have meant to say that it would be advisable for a solicitor to draw up and witness a deed, but there is no necessity for a solicitor to be involved. One just needs to ensure so that there is no dispute later that the signatures on the deed are witnessed by an independent person which would exclude relatives.

    There is a lot of info on the internet about completing the formalities required for executing a deed.
     
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    Lisa Thomas

    Business Member
    Business Listing
    Apr 20, 2015
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    I've seen so many people get into messes because their deeds do not stand up when things go wrong. Always best to get a solicitor when drawing up a legal document.

    I can recommend one. DM me if of interest.
     
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