make a will
A Scottish will is a short document that prevents a great deal of trouble. The formal requirements are strict, the inheritance rules are not the English ones, and there is a limit to how far you can disinherit anybody.
The short version
A Scottish will must be in writing and signed by you on every sheet. Signing before a witness makes it self-proving, which means the court accepts it without further evidence — worth doing, and the reason most wills are signed in a solicitor’s office. You may leave your estate as you wish, subject to legal rights, which a spouse, civil partner and children can claim over your moveable property whatever the will says.
What makes it valid
The formal requirements come from the Requirements of Writing (Scotland) Act 1995. The will must be in writing and subscribed by you — signed at the end of the last page, and in practice signed on every sheet.
Signature before one witness who also signs makes the will self-proving. Without that, the will may still be valid but somebody will have to prove it later, at a moment when you are not available to help.
What a will cannot do
It cannot disinherit your spouse, civil partner or children from your moveable estate. They may claim legal rights regardless of what you write. Moveable estate is broadly everything other than land and buildings — savings, investments, vehicles, possessions.
People are often told they can leave everything to one child, and in relation to a house they largely can. In relation to the rest, they cannot. It is far better to know that when making the will than to leave the family to discover it afterwards.
What to think about before the appointment
- Who your executor will be — the person who winds up the estate. Choose someone willing and capable.
- Who inherits, and what happens if one of them dies before you.
- Guardians for children under sixteen. If you name nobody, that decision is made by others.
- Specific items or sums you want to go to particular people.
- Funeral wishes, though these are not binding.
- Anything unusual — a business, property abroad, a beneficiary who cannot manage money, or a child you intend to leave less to.
What it costs
Most Scottish firms offer a fixed fee for a straightforward will, and a reduced rate where a couple make mirror wills at the same time. Ask what makes a will not straightforward, because that is where quotes diverge — trusts, business assets, foreign property and tax planning all move the price.
Free will schemes run by charities are genuine and worth knowing about; the charity hopes for a legacy but you are not obliged to leave one.
Two things that quietly undo a will
Marriage does not automatically revoke a Scottish will, unlike in England — but the birth of a child can give that child a claim to revoke it. And keeping the will somewhere nobody can find it defeats the whole exercise. Tell your executor where it is.
Common questions
Can I write it myself?
Are English will templates safe to use?
How often should I update it?
A note on this page
This is general information about how the law works in Scotland. It is not advice about your situation and it cannot be, because we do not know your circumstances. Nothing here should be relied on as a substitute for speaking to a solicitor about your own case.
Tell us what has happened.
Two minutes, no cost, and no obligation. We will pass your details to one of our member firms, who will be in touch. You decide whether to send anything at all.
Recent Comments