How to Write a Will in Scotland — What You Need to Know

Writing a will is one of the most important things you can do for the people you love — yet nearly 60% of adults in the UK do not have one. If you live in Scotland, it is especially important to understand how Scottish will law works, because it differs from the rest of the UK in several significant ways.

Why You Need a Will

Without a will, your estate is distributed according to the rules of intestacy. In Scotland, this means:

• Your spouse or civil partner receives the house (up to £473,000), furniture (up to £29,000), and a cash sum (up to £50,000 if there are children, or £89,000 if not)
• The remainder is split between your spouse and children according to fixed rules
• If you are unmarried, your partner has no automatic right to anything — regardless of how long you have been together
• If you have no surviving relatives, your estate passes to the Crown

A will lets you decide who gets what, name guardians for your children, and appoint an executor you trust.

How Scottish Will Law Differs from England

Scotland has its own legal system, and will law is one area where the differences really matter:

Prior Rights

In Scotland, a surviving spouse or civil partner has “prior rights” to the family home, furniture and a cash sum from the estate — even if the will says otherwise. These rights take priority over the terms of the will.

Legal Rights (Legitim)

Children (and the surviving spouse) have “legal rights” to a share of the moveable estate (everything except land and buildings). These rights cannot be overridden by a will. A child can claim their legal rights even if they have been left nothing in the will. The legal rights share is one-third of the moveable estate if there is a surviving spouse, or one-half if there is not.

Formal Requirements

In Scotland, a will is valid if it is:

• In writing (typed or handwritten)
• Signed on every page by the person making the will
• The signature on the last page must be witnessed by one witness (not two, as in England)

Unlike England, Scottish law does not require that the witness is present when you sign — the witness can acknowledge your signature after the fact. However, best practice is to sign in front of the witness.

What to Include in Your Will

A will should cover:

• Who you want to inherit your property, money and possessions
• Who should be the guardian of any children under 16
• Who you want as your executor (the person who carries out the will)
• Any specific gifts — for example, a piece of jewellery to a particular person
• What should happen to any business interests
• Your wishes for funeral arrangements (though these are not legally binding)
• Any charitable donations

Do I Need a Solicitor?

You do not legally need a solicitor to write a will in Scotland, but it is strongly recommended — especially if:

• You own property
• You have children from a previous relationship
• You have a business or complex financial arrangements
• You want to set up a trust
• You are concerned about inheritance tax

A solicitor will make sure your will is valid, accounts for legal rights, and is less likely to be challenged.

How Much Does a Will Cost in Scotland?

• DIY will kits: £10–£30, but mistakes can be costly
• Online will services: £90–£150 for a simple will
• Solicitor: £150–£300 for a straightforward will, more for complex estates
• Mirror wills (for couples): £200–£500

Many solicitors offer free will-writing as part of charitable schemes like Will Aid (held every November).

Where to Store Your Will

Your will is only useful if it can be found. Options include:

• With your solicitor (most common)
• At the Registers of Scotland (Books of Council and Session) — this is a public register and costs around £15
• In a secure location at home — but tell your executor where it is
• In your Exit Plan Legacy vault — your nominated contacts will be able to access it when the time comes

Review Your Will Regularly

You should review your will:

• After getting married or divorced (marriage does not automatically revoke a will in Scotland, unlike England)
• After the birth of a child or grandchild
• After buying or selling property
• After a significant change in your financial circumstances
• If your executor or a beneficiary dies
• At least every 5 years as a general rule