will writing service scotland

• Citizens Advice Scotland

This advice applies to Scotland. See advice for See advice for England , See advice for Northern Ireland , See advice for Wales

Why it's important to make a will

It's important for you to make a will whether or not you think you have many belongings, property or much money.

Dying without a will is called  dying intestate . If you don't have a will, rules called the rights of succession dictate how your money, property or belongings are distributed after your death. This may not be the way that you wanted your money and belongings to be distributed. 

Find out more about rights of succession on the Scottish government website .

If you're not married or in a civil partnership with your partner

If you're not married or in a civil partnership, your partner won't automatically inherit your money, unless you have a will. This applies even if you're living together or have been together for a long time.

They will have to go to court to try and get some of your property and belongings. 

Partners who are married or in a civil partnership should make wills too. Making a will means you can decide what to leave your partner, and other people, when you die. 

If you have children, you can name a guardian for your children. You can also leave instructions on how they should be cared for. You might want to consider setting up a trust .

Tax advice to reduce inheritance tax

You might be able to reduce the amount of tax payable on what your family and friends inherit if you get inheritance tax advice when a will is made.

Digital assets

You might have digital assets, like an online shopping account with credit in it or social media accounts with personal information. You need to make plans about what to do with them.

If you're not sure whether to make a will, you should consult a solicitor or a Citizens Advice Bureau which can give you lists of solicitors -  where to get advice .

If your circumstances change

If your personal circumstances change, it's important that you make a will or change your existing will to ensure that your money and possessions will be distributed according to your wishes. The law on this is complicated and you might need to get legal advice.

For example, you might need to change your will if you:

have children

get married or become civil partners 

get divorced, dissolve your civil partnership or separate

sell or gift your assets

inherit property or money.

You should discuss how these changes affect your will and inheritance planning with a solicitor. 

Separating from your partner

If you weren't married or in a civil partnership but you had made wills with your partner to make sure you could inherit from each other but now you have separated, you should change your will. If you don't change it your ex-partner can inherit if you die.

Getting married or becoming civil partners

If you get married or enter into a civil partnership, there are rights of succession that apply even when neither of you has made a will. The surviving spouse or civil partner has what are called 'prior rights'. This means they're entitled to a certain amount of property and possessions of the person who has died. If you don't make a will, other family members might inherit less than you wanted them to because of the 'prior rights' rules.  

If you leave a gift in your will to your spouse or civil partner, this will fail if you are divorced or you dissolved your civil partnership. The appointment of your ex-spouse or ex-civil partner as an executor will also fail. If you do want to leave something to your ex-spouse or ex-civil partner or appoint them as an executor, then you will need to change your will to say so. 

Setting up a trust for beneficiaries

You might wish to leave money in trust for beneficiaries instead of having it all distributed immediately after you die. For example, you may wish to leave money for the benefit of young children or someone who cannot look after themselves, such as an adult with learning difficulties. If you want to set up a trust, you should consider using a solicitor to do this because mistakes are easy to make and legal difficulties can arise if this is not done properly. Some charitable organisations run a trustee service. Find out more about managing affairs for someone else .

Do you need to use a solicitor

It's best to use a solicitor to make sure your will is legally valid and there are clear instructions for your executors. If you write the will yourself, it's easy to make mistakes that can cause complex problems after your death. Sorting out misunderstandings and disputes in court can result in legal costs that reduce the amount of money in the estate.

Some common mistakes people make when making wills without legal supervision are:

not knowing about the formal requirements needed to make a will legally valid

not listing all the money and property available. This means that when you die some property has to be dealt with under the rules that apply when there is no will, the rules of intestacy

failing to include directions about what happens if a beneficiary dies either before you or before the estate is settled. A will can be drafted to take account of what happens to the beneficiary’s share if this happens

changing the will. If these changes are not signed and witnessed, they are invalid

being unaware that marriage or civil partnership  does not invalidate a previously made will or that divorce or dissolution of a civil partnership does invalidate most provisions in a will relating to the ex-spouse or ex-civil partner 

being unaware of the rules that let dependants claim from the estate if they think they're entitled to more. These are called legal rights. These rules mean that the provisions in the will could be overturned if dependants exert these legal rights.

There is a leaflet explaining more about wills and executries on the Scottish Legal Complaints Commission (SLCC) website . 

Will-writing services are available in books and online. However, these are not regulated by the Law Society of Scotland so there are few safeguards if things go wrong.

When to use a solicitor

There are some circumstances when it is best to use a solicitor. These are when:

you share ownership of a property with someone who is not your spouse or civil partner

you wish to make provision for a dependant who is unable to care for themselves, for example a trust  

there are several family members who might make a claim on the will, for example, a second wife or children from a first marriage

your permanent home is not in the United Kingdom

you are not a British citizen

you are resident here but you own or part-own overseas property

you are involved in a business

you want your possessions to be distributed according to another legal system, for example, Islamic law

you have online possessions, digital assets , that have financial or personal value. There might be issues over who has the legal authority, called jurisdiction, to make a decision about them. Your will might eventually be held in official records that anyone can ask to see, so you need to consider if you need to keep any information separately for confidentiality.

How much does a will cost

Solicitors can set their own charges for drawing up a will. If your will is complex it might be more expensive.

Check with a few local solicitors to find out how much they charge. The fees might be listed on their website. Some solicitors offer discounts for multiple or 'mirror' wills. Mirror wills have similar terms.

You should also check if you can get a free or discounted will through:

an insurance policy

a trade union.

Some solicitors waive their usual fees for drawing up wills at certain times of the year when you donate to charity. Check Will Aid  and Will Relief to find solicitors taking part.

You might be able to get help with the legal costs of making a will if a solicitor considers that you need advice on Scots law before you can make the type of will you need and you are financially eligible.

What should be included in a will

To save time and reduce costs when going to a solicitor, you should think about what you want included in your will.

You should think about:

how much money and what property and possessions you have. For example, property, savings, occupational and personal pensions, insurance policies, bank and building society accounts, shares

digital assets - anything that is stored online. For example, music, text, social media accounts, photographs, and online gaming accounts. You'll need to make a list of how to access all these accounts. You might need specialist legal help because there could be issues about your online account being American, for example, and not covered under Scottish executry law

who you want to benefit from your will. You should make a list of all the people to whom you wish to leave money or possessions. These people are known as beneficiaries. You also need to consider whether you wish to leave any money to charity

who should look after any children under 16 and what provisions need to be made for them and any older children

who is going to sort out the estate and carry out your wishes as set out in the will. These people are known as the executors 

if you want to leave property to a transgender person you must seek advice as you might have to refer to the person in their acquired gender, not their birth gender.

Extra care needs to be taken when you are making a will and including instructions about property such as your house or flat. In some cases there might be a clause in the title deeds called a 'survivorship destination' clause. These clauses can override what it says about the property in a will. A solicitor can give advice about the impact of these clauses.

Choosing executors

Executors are the people responsible for carrying out your wishes and for sorting out your estate after your death. Your estate is your property and possessions.

They have to collect together all the assets of the estate and deal with all the paperwork. They might have to pay all the debts, taxes, funeral and administration costs out of money in the estate. They will need to pay out the financial assets and other possessions and transfer any property to beneficiaries.

There might not be enough money in the estate to pay all the debts, anyone in this situation should seek further help.

Who to choose as executors

You don't have to appoint more than 1 executor but it's advisable to do so, for example, in case 1 of them dies.

It's common to appoint at least 2 people as executors but there can be up to 4 executors. This might be necessary if you have a lot of possessions and property and there is too much to do for 1 or 2 executors.

You can appoint a social media executor if you think the person you have asked to be the executor won't know what to do with any digital assets. You can appoint an odd number of executors if you think there could be disagreements. This means that a deadlock in any decision making is avoided. 

People most commonly appointed as executors are:

relatives or friends

solicitors or accountants

It's important to think carefully when you choose executors because their job involves a lot of work and responsibility. You should always ask someone first if you're thinking of appointing them as an executor in your will. If they don't want to be named as an executor in your will, they can refuse.

If you don't appoint any executors in your will the court will have to do this after your death. Once the court appoints an executor that person cannot resign or take on other executors without going back to the court for permission.

If an executor dies, any other surviving executor can deal with the estate. If there are no surviving executors, the court can appoint one.

Requirements for a valid will

For a will to be valid, it must be all of the following:

made by a person who is 12 years old or over 

made voluntarily and without pressure from any other person

made by a person who is of sound mind. This means the person must be fully aware of the nature of the document being written or signed and aware of the property and the identity of the people who might inherit

made in writing

signed by the person making the will on every page

signed by the person in front of a witness.

The witness should see you sign the document or hear you acknowledge your signature. The witness should sign their name on the last page of the will and should write 'witness' and the date. They should also add their name and address. A witness should not be a beneficiary or an executor appointed by the will unless there's no alternative.

As soon as the will is signed and witnessed, it is valid.

Where to keep a will

Once a will has been made the original document should be kept in a safe place. Other documents should not be attached to it because this can make it more difficult to find. There are a number of places where you can keep a will:

with a solicitor . Make sure that someone knows which solicitor’s office holds the original will

at a bank although it might charge an annual fee

at home . If you keep a copy at home it's a good idea to put it in an envelope that is clearly labelled. It is generally not a good idea to keep an original will at home as it can get damaged.

Changes of circumstance

When a will has been made, it is important to keep it up to date to take account of changes in circumstances. It is advisable for you to reconsider the contents of a will regularly to make sure that it still reflects your wishes and what you own. The most common changes of circumstances which affect who you want to leave your property to are:

getting married, remarried or registering a civil partnership

getting divorced, dissolving a civil partnership or separating

the birth or adoption of children, if you wish to add them as beneficiaries in a will

death of a beneficiary

new assets.

If you do not change your will after a marriage or registration of a civil partnership the existing will is still valid. Getting divorced or ending a civil partnership does affect a will. If you have left a gift in your will to your spouse or your civil partner, it will not take effect if you get divorced or end your civil partnership. 

How to change a will

You might want to change your will because there has been a change of circumstances. You must not do this by amending the original will yourself after it has been signed and witnessed. Any obvious alterations to the will are assumed to have been made at a later date, do not form part of the original legally valid will, and can mean expensive legal proceedings to find out which is the valid will.

The only way you can change a will is by making:

a codicil to the will

a new will.

A codicil is a supplement to a will which makes some alterations but leaves the rest of it intact. This might be done, for example, to increase a cash legacy, change an executor or guardian named in a will, or to add beneficiaries.

A codicil must be signed by the person who made the will and be witnessed in the same way as the original will was witnessed. However, the witnesses do not have to be the same as for the original will.

There is no limit to how many codicils can be added to a will but they are only suitable for very straightforward changes. If a complicated change is involved, for example, because a main beneficiary has died, it is usually best to make a new will.

Making a new will

If you wish to make major changes to a will, it is advisable to make a new one. The new will should begin with a clause stating that it revokes all previous wills and codicils. The old will should be destroyed. Revoking a will means that the will is no longer legally valid.

Destroying a will

If you want to destroy a will, you must burn it, tear it up or otherwise destroy it with the clear intention that it is revoked. There is a risk that if a copy subsequently reappears, or bits of the will are reassembled, it might be thought that the destruction was accidental. You must destroy the will yourself or it must be destroyed in your presence.

If a will is destroyed accidentally, it is not revoked and can still be declared valid if there is a copy available. Its validity would have to be proven in court.

Although a will can be revoked by destruction, it is always advisable that a new will should contain a clause revoking all previous wills and codicils. Revoking a will means that the will is no longer legally valid.

Challenging a will

A person might want to challenge a will because they believe that:

the will is invalid

they have not been adequately provided for in the will. Only a spouse, civil partner, children or their descendants can challenge the distribution of assets in a will and claim their legal rights instead. A beneficiary who is not a relative and does not have legal rights defined by law cannot challenge the will.

If you want to challenge a will, you should seek legal advice as soon as possible after being told of the content of the will. Search for a solicitor on the Law Society of Scotland website, or your local Citizens Advice Bureau can give you a list of solicitors. Check  where to get advice .

In some cases, you might be able to get  help with legal costs .

If a person who made a will takes their own life

If a person who made a will takes their own life, the will is still valid.

Changing distribution of property under a will

It is possible for beneficiaries of a will to change the division of the deceased’s estate as it is laid out in the will. This is done by a formal process called either a Deed of Family Arrangement or a Deed of Variation .

All the beneficiaries must agree to this. You must seek legal advice about doing this.

Power of attorney

You might wish to grant power of attorney at the same time as writing a will. Executors are not automatically granted a power of attorney if an accident or illness leads to a serious and permanent mental or physical impairment. A power of attorney must be drawn up separately and it is usually advisable for a solicitor to do this for you. Find out more about powers of attorney .

The simple way to write a Scottish Will

We give you a quick and easy way to make a legally binding Scottish Will with unlimited updates for an affordable price.

Write your Will in as little as 15 minutes

Writing a Will in the digital world does not require expensive face-to-face time with a solicitor. Our automated online platform enables you to make a legally binding document, designed with expert legal input from Scottish solicitors, in as little as 15 minutes. All with clear and helpful guidance at each step.

• Legally binding document
• Suitable for Scottish residents
• Quick and easy to complete
• Clear guides and support
• Unlimited free updates

How does it work?

Writing a Will sounds complex. You are looking for an easy way to make a legal document that reflects your wishes.

See how our online service helps guide you though the process. From registering for a free account to purchasing your document.

If you still have questions, read our FAQs or read our detailed guide about Writing a Will in Scotland .

How to write a Will

Three easy steps using our online platform

Answer some simple questions

We will ask you some quick and easy questions about your wishes. You can write your document in as little as 15 minutes.

Review your Will

Our online platform is designed with expert legal input from Scottish solicitors. You just need to confirm your wishes are correct.

Print and sign

Print and then sign each page of your Will document, then you and a witness should sign and date it on the last page to make it legally binding. You can make changes for free, at any time with a subscription.

Cost of making a Will

Unlimited updates anytime when your circumstances change, included free for the first year, then choose to continue for only £10 per year.

Typical Solicitor

Everything you need to write your own will.

Choose a topic and read our detailed guide on how to write a Will in Scotland .

Frequently Asked Questions

Find the answers to the questions we get asked the most.

No, you do not need to use a solicitor to write a Will. You should seek the advice of a solicitor in certain circumstances, for example if you have property overseas or need help with Inheritance Tax planning. Our Wills provide everything you need for a standard Will, including gifting cash and items, sharing your estate, naming Guardians for your children and planning your funeral.

Answer 5 simple questions to see if WeWill meets your needs.

Yes it is. Our Will writing platform has been designed with expert legal input from Scottish solicitors and as long as each page of your Will is signed at the bottom and then signed and witnessed on the last page, your Will will be legally binding giving you peace of mind.

Solicitors typically charge over £300 to write a single Will with additional costs for any amendments you make want to subsequently make. Many cheaper online Will writing services do not offer Wills that are legally binding in Scotland. We offer a quick and easy way to make a legally binding Will under Scots Law for only £90 with unlimited updates for a year .

You should always keep your Will updated, especially if there has been a change of your circumstances, such as getting married, divorced, having children, receiving an inheritance or selling assets. It is important not to make changes to an existing Will document that has been signed and witnessed. Any changes made this way do not form part of the original legally valid Will. per year ongoing.

You can update your Will as many times as you wish during the first year for no additional charge. After the first year you can choose to continue having access to make changes for only £10 per year .

If a person dies without making a Will they are considered 'dying intestate', their estate will be shared according to the rules of intestacy . To avoid this happening it is always best to make a valid Will to help your family members to make sure your wishes are executed.

All of our Wills come with free unlimited updates for the first year. As your circumstances change, you can update your Will to reflect your new wishes and create a new Will document. After the first year, you can choose to continue to have unlimited updates for only £10 per year .

We work closely with a Scottish law firm who operate nationwide and are experts in the areas of Wills and Inheritance. If you choose to store your Will with them, they will ensure your Will is signed correctly and store your Will securely in their safe for free and provide you with a copy of the signed document by post for your own records.

You do not need to know any legal jargon to use our online Will writing service. We make every step easy to understand and complete. If you have any questions please refer to our extensive Help Centre.

Get in touch

Contact us if you have any questions, need help or chat with the team.

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• Making a will

Making a will is one of the most important things we can do - after all it determines how our most personal possessions and hard-earned savings will be shared among close family and friends.

It is often a simple and inexpensive process. But failure to make a will can pose major difficulties for those left behind, for instance, by paying more tax than necessary. Your estate - money, other assets and possessions - could be distributed according to the law rather than your wishes. It is particularly important to leave instructions if you own property.

Some solicitors offer a free service in return for a donation to charity, for instance, those participating in   www.willaid.org.uk   during November and   www.willreliefscotland.co.uk , which provides a similar service every September.

The contents of a will

It is advisable to consult a solicitor before deciding what to put in your will. A will can cover a range of issues, including:

• who should inherit your property, money, other assets and possessions
• how your children should be cared for
• who should be responsible for looking after your estate (the executors)
• special arrangements for your funeral
• and charitable donations you would like to make

How a solicitor can help

Wills are often straightforward but some involve complicated arrangements and financial affairs, such as inheritance tax - all the more reason to ensure they are drawn up by a qualified solicitor. You can search here if you need help  finding a solicitor .  Even if your will is simple and you want to write it yourself, it is advisable to consult a solicitor to avoid pitfalls and ensure all the legal formalities have been followed correctly, otherwise it may be invalid. DIY and internet wills are available but there are obvious risks where no personal advice is given.

You can also view more information on why a solicitor is the best person to make your will.

Helping with arrangements

Your solicitor can help your family or executors contact undertakers and arrange for the death certificate to be issued by the General Register Office for Scotland.

Acting as an executor

Executors are responsible for dealing with assets of the estate. Solicitors are often named as executors when a will is drawn up. Others, such as family members, can also act as executors.

Going to court

If there is no will, it may be necessary to apply to the sheriff court to appoint an executor. A solicitor will have to prepare the forms for the court to appoint the executor.

Changing a will

Changes can easily be made to wills - a solicitor will ensure they are legally binding.

Keeping a will safe

It is important to keep your will safe. If your solicitor has drawn up the will, he or she will usually keep the original and send you a copy.

The cost of making a will

A simple will can cost very little. Others may qualify for legal aid funding. Give you solicitor a call today to discuss your options and the likely costs.

During September and November, some solicitors offer a free service in return for a donation to charity (see  www.willreliefscotland.co.uk or  www.willaid.org.uk ).

More information on wills

I’m trying to trace a will, can you help.

Without particular details of the solicitor or the firm in which they practised, we’re afraid we cannot trace who the solicitor would be from our database. You could try contacting the Registers of Scotland on 0800 169 9391 .

Alternative suggestions would be to check with solicitors in the area where your relative lived to see if they have a copy or ask a solicitor to advertise in the Journal (our members’ monthly magazine) for information.

For a list of solicitors operating in the area in which the deceased person lived, use our Find a Solicitor tool. Finally, you can check with a Sheriff Court in the appropriate district as on certain occasions they may be able to help.

The firm of solicitors who drafted my will have closed, can you help?

Potentially, yes. Drop us an email at [email protected]   and we will do our best to help.

How can I find a solicitor who is participating in Will Aid?

Solicitors can prepare simple wills at a reasonable cost and some offer a free service in return for a donation to charity, for instance, those participating in www.willaid.org.uk during November and  www.willreliefscotland.co.uk , which provides a similar service every September.

My solicitor has advised he cannot write me a will. Why?

This may come down to disclosure of interest/conflict of interest. Solicitors must not write a will for a client where they (or anyone close to them such as a spouse or business partner) will benefit from that will. Where these situations arise, the solicitor must advise the client to use another firm of solicitors. It could also be the case that the solicitor in question does not specialise in private client work.   

Find a Solicitor

Whatever you’re going through, use our online search tool to find a regulated solicitor you can trust to get you through it.

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How to write a will in Scotland

• Wills & Estate Planning

Many people simply wish to have something in writing that leaves their belongings to their loved ones when they die and on the face of it, writing a will can appear relatively straightforward. However, choosing to write your will yourself gives ample opportunity for mistakes which can seriously complicate matters after your death. 

Disputes and misunderstandings can significantly delay the winding up of your affairs and the associated legal costs will deplete the overall value of the estate, especially if matters have to be resolved by going to court. We highlight some of the common mistakes and considerations of will writing below.

Formal validity of a will

Under Scots law, a correctly executed will is:-

1.  In writing;

2.  Put in place by a person over 12 years old and of sound mind; and

3.  Signed by the person making the will (the "testator") at the end of the last page. If the testator is blind or unable to write then they may authorise and instruct another individual, who is permitted by law, to sign the will on their behalf.

In addition, it is essential that a will is 'probative' meaning that the will itself does enough to prove that it was the testator that signed it without the need for any other evidence. This is done by:-

1.  The testator signing on every page; and

2. The testator's signature being witnessed by one independent adult witness. The witness should sign the will and add the date and place of signing plus their own details.

If these requirements are met, then no further evidence is required as to the authenticity of the testator's signature but without them, confirmation to a deceased's estate will not be granted until evidence has been led in court proving the will is valid and was signed by the testator.

What to include in a will

1.  executors.

A common error that is made when individuals write their own will is neglecting to appoint someone to wind up their personal affairs after their death (an "executor"). Without appointing an executor, the deceased's next of kin may have to apply to the sheriff court to be appointed as executor which can lead to delays and administration expenses.

2.  Beneficiaries

Setting out who is going to inherit some or all of an estate tends to be the main reason for writing a will. However, using the wrong wording can lead to beneficiaries being missed out or part of an estate being left without any destination. In the latter case, the default rules of intestacy as set out in law would apply to the division of your estate which may not reflect your wishes. You can read here how an intestate estate would be distributed.

Another common mistake is failing to include directions on what should happen if a beneficiary dies before you or before the estate is settled. If there is no instruction in the will, then part or all of your estate may again fall into intestacy and your assets distributed irrespective of your circumstances or wishes.

3.  Age of beneficiaries

If you are leaving some of your estate to young beneficiaries, it is prudent to decide the age at which you would like them to inherit (the most common ages being 18 or 21). Without this direction young beneficiaries would inherit at age 16 which may not be appropriate.

You may also wish to make provision for a dependent who is unable to look after themselves. It is possible to include a trust as a way of managing and protecting assets for young or vulnerable beneficiaries. The suitability of such trusts will depend on your specific needs so seeking legal advice in these circumstances is strongly advised plus specific wording will be required to ensure your wishes are met.

4.  Appointment of guardians

A will is an ideal place to name the guardian(s) who will take care of children should their parents die before they turn 16. Without this, a child's care will fall to the local authority until the deceased's next of kin applies to the court for a guardianship order. 

Given the wide scope for mistakes to be made, it is best practice to instruct a solicitor to prepare your will to ensure that it is legally valid and sets out your wishes clearly.

Contributor

Senior Solicitor

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Making Your Will

We can advise you on all aspects of making a Will, including what you can do to reduce Inheritance Tax.

Call us on 03330 430 150

Wills and Will Writing

People often put off making a Will, but by taking steps now you can make sure your property and possessions go to those you want in the most effective way.   Having a Will in place can also help ease the worries and difficult decisions facing those you leave behind.

Click here  to read a full transcript of this Will writing video.

A Will is a legal document which allows you to set out instructions for the distribution of your estate after death. Your ‘estate’ refers to everything you own and may include land, property, bank accounts, investments, jewellery or other possessions.  Your Will can also say who is responsible for carrying out your wishes and can also afford better protection of assets for your children or other vulnerable beneficiaries.

Making a Will it is usually a straightforward process and you can rewrite it as many times as you wish during the course of your lifetime. Your Solicitor will be able to draw up your Will for you, ensuring it reflects your wishes in the best way for your individual situation.

Frequently asked questions

Here are some of our most frequently asked questions when it comes to Wills and writing a Will.

Do I need a Will?

Making a Will allows you to set out instructions for the distribution of your estate, which is all your assets, to the people you want after you die. A Will can be tailored to your needs to allow you to make specific requests that are important to you. Such requests may include: giving certain possessions to specific people, appointing guardians for your children, setting out your funeral instructions or stating how your interest in a business should be passed on. 

If you die without a Will , your estate will be distributed in accordance with set rules provided by law. To allow the administration of your estate in such cases, an application must be made to the court for appointment of an Executor or Executors. This process incurs additional expense and delay, which can easily be avoided by having a Will in place.

How do you write a Will?

The content of a Will varies depending on your individual requests and circumstances. However, there are some common features in every Will:

• Your Will must appoint an Executor or Executors who will be responsible for dealing with the administration of your estate.
• It must identify the person or persons who should receive your estate.
• It must be validly signed and witnessed.

Your Solicitor can advise you on writing a Will, draft the document for you and ensure it is legally correct.

How do I make changes to a Will?

Minor changes to your Will can be made by a document called a Codicil. A Codicil sits alongside your Will and varies its content. Your Solicitor will be able to advise you whether a change to your Will can be made by a Codicil or if a new Will would be more appropriate. If you want to make major changes to your Will, then it is usually preferable to make a new Will to ensure that your instructions remain clear. 

What is the role of Executors and who should I appoint?

Executors are responsible for gathering together your assets, paying any debts of your estate (such as an outstanding mortgage or loan) and distributing the estate to your beneficiaries.

You should carefully consider who you wish to appoint as your Executors.  Each Executor should be someone that you trust to carry out your wishes. This may be a friend or family member.

When should I review my Will?

We recommend that you review your Will at least once every five years to ensure that it continues to reflect your wishes. You should review your Will more frequently if your circumstances change, for example if you have a child, buy a joint property or get divorced.

How much does a Will cost?

The cost of a Will varies depending on the complexity of your instructions.  We will set out costs for you at the start once we have understood your Will requirements.  If you would like more information about the cost of a Will, please contact a member of our Private Client team.

Can I write my own Will?

You can write your own Will but it is a potentially risky approach. To do so, you have to make sure that it complies with the legal requirements for a Will in Scotland, including clearly setting out what you want to happen to your assets on your death and it being signed and witnessed.

B y adopting this approach, you are in danger of your instructions not making sense or the Will not achieving its intended purpose. Instructing an experienced Private Client solicitor to draft your Will avoids these pitfalls.  It also gives you the opportunity to discuss the protection of your assets.

How can Thorntons help?

At Thorntons, our Private Client team can advise you on all aspects of making a Will, including charitable legacies and what you can do to help reduce your potential Inheritance Tax bill.

We can also advise on the preparation of living wills . A living will is a guide for your doctors and family members as to what you would want to happen for end of life care if you have been diagnosed with a terminal illness and are unable at the time to express your own wishes.

Making a Will can be simple, but everyone's needs are different so it is important to get the right advice from the start. We will work with you to make sure your Will is right for you and your circumstances.

Call the Thorntons Private Client team on 03330 430150 to find out more about our Wills and Will writing services, or complete our enquiry form and we will contact you.

Our Services

We offer a full range of Private Client services, available through our network of offices.

Meet the Experts

Rachel Anderson

Wills, Trusts & Succession

Lauren McIntosh

Senior Solicitor

Hannah Haig

Trainee Trust Manager

Lynne Hopkins

Magnus Mackay

Bruce Renfrew

Residential Property, Wills, Trusts & Succession

Marie Fortune

Executry Manager

Stuart Mackie

Dundee, Montrose

Lauren Pirouet

Trainee Solicitor

Hannah Fitzgibbon

Elaine Grzywa

Executry Supervisor

Stephanie Hayes

Trust Manager

Anne McKeown

Forfar, Montrose

Dylan Mitchell

Yana Lagatski

Supervisory Executry Manager

Murray Etherington

Ross Cargill

Nicole Whitton

Audrey Dishington

Anstruther , St Andrews

Andrew Bird

Aimee Young

Harriet Grant

Morna Coutts

James Brogan

Legal Director

Edinburgh, Bonnyrigg

Wiktoria Wisniewska

Glyn Roberts

Senior Trust Manager

Ashley McGonagle

Senior Executry Manager

Anna MacLeod-Adams

Stacey Culloch

Land & Rural Business, Wills, Trusts & Succession

Alan Thomson

Darren Lumsden

Ian Sargison

Michelle Wilson

Gillian McDonald

Audrey Ford

Tax Manager

Chris Gardiner

Moira McInnes

Senior Associate

Graeme Dickson

Edinburgh, Glasgow

Louise Wilson

Maxine Chiverton

Cathy Munro

Hannah Dossett

Rachael Paterson

Trainee Executry Manager

Megan Maclean

Paige McGee

Naomi Henderson

Sara Beattie

Krysty Steele

Sue Arrowsmith Rodger

Graham Lambert

Lisa Hainey

Duncan Shaw

Stephanie Pratt

Cupar, Perth

Corah Franco

Finlay Williamson

Carly Gibson

Nick Barclay

Tax Assistant

Millie Griffiths

Natalie Holden

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• Making a Will

You can trust us to draft your will clearly and thoroughly, ensuring all of your wishes are clearly set out. Our experts know what goes into creating an all-encompassing will and will explain what you can do, or may want to consider. We’ll discuss areas that you may not have thought about and help you put your intentions into words.

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Creating a will is absolutely essential if you want to ensure that your estate is passed on exactly as you wish when you’re no longer around. At Anderson Strathern, we can work with you to draft your will clearly and thoroughly, ensuring all of your wishes are clearly set out.

Our wills solicitors in Scotland know exactly what goes into creating an all-encompassing will and will explain what you can do or may want to consider. By working with our experts, you’ll have the opportunity to discuss areas that you may not have thought about and help you put your intentions into words.

In this day and age, it’s becoming increasingly important to draft a will that is specific to your situation because the way our society functions has changed significantly since the current rules were written.

The last major reform of the law of succession in Scotland took place in 1964. Society has changed a great deal since then, and there are now many more forms of family than ever before.

It’s now common to find that people we’d consider ‘family’ don’t formally have an entitlement to the estates of their loved ones unless there is a valid will in place. A key factor in this is that, in recent years, there has been a rise in the number of family units where the parents have chosen not to marry or where they’ve been married before and bring their children to the new relationships.

Another consideration is that the age to inherit in Scotland is 16, meaning that relatively young people could become entitled to large sums of money at a young age. It may be that you want to set up a trust in your will so that children do not get funds until they reach a certain age. A well written will trust can also allow for advances should needs arise or circumstances change.

There are certain formalities involved when preparing a will. Documents need to be signed correctly. Forms of wording may mean one thing to you but something entirely different to someone else. Our will writing services can prevent these sorts of issues from occurring.

It is important too to know that a will may not encompass everything. A pension pot, for example, usually needs a nomination separate from the will. We can advise on what you should check to ensure that you’ve planned what will happen to all of your assets.

Wills, executries, and all of the related issues that arise from them are a significant part of what our experts do, with our aim being to guide our clients as smoothly as possible through what can be difficult times.

Speak to our wills solicitors today

To discuss the process of making or amending a will with a member of our expert team, please get in touch today.

Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian or Shetland, or fill in our enquiry form at the bottom of the page to request a call back.

Our expertise with making wills

Making a new will from scratch.

If you don’t already have a will, our expert team can work alongside you to clearly lay out your intentions for your estate and how you would like to cater for your loved ones when you are no longer around.

When making a will, it’s important that various steps are taken to ensure that it will be deemed valid when it’s signed, minimising the potential for any disputes among your loved ones over its terms.

For instance, this includes having an independent adult witnesse to the will and for every page of the will to be correctly signed.

Our will solicitors in Scotland can work to make sure that every detail is taken care of, so you can rest assured that your estate will be distributed exactly as you wish.

It is important to note that there are several differences to the process of making a will in Scotland than in England and Wales (such as the age you can create a will), which is where our team’s expertise can be invaluable.

Amending an existing will

If you already have an existing will, it’s a good idea to regularly review it so that you can be certain that it accurately reflects your circumstances, as well as your family’s. It’s also important to take a closer look at your will if you have gone through a major life event, such as getting married, getting divorced, having children, or buying a home.

We can take a closer look at an existing will you have signed and suggest how it can be amended to better reflect your situation and how you would like your estate and assets to be passed down.

Amendments to existing wills may be done by making a codicil. There are no limits to the amount of codicils you can make for a will, but they are usually only suitable for straightforward changes.

Storing a will

If you are concerned about storing your will, our wills solicitors can store it for you free of charge, ensuring that it’s readily available for your executors when the time comes. This avoids the risk for your will to be inaccessible when you pass away, which in the worst case scenario could lead to your wishes not being carried out.

Tax planning

One of the key benefits of carefully planning out the terms of a will is that you will be able to understand how to take the best advantage of tax rules, such as inheritance tax. Understanding how these particular rules work and the steps you can take to minimise your estate’s tax liability will allow you to put aside more money for your beneficiaries.

Our wills solicitors are very experienced when it comes to tax planning in wills and can assess your situation to make your estate as tax-efficient as possible.

It may be the case that you want to leave some of your money in a trust instead of it being distributed outright to your loved ones immediately after you die. This is often the preferred approach when passing assets onto children or vulnerable dependants, such as those with learning difficulties.

We can advise you on putting provisions in your will and, where required, can act as professional trustees. This is especially important as the age to inherit in Scotland is 16.

Power of attorney

When making your will, it is usually a sensible decision to also consider making a power of attorney. This is a legal document that gives another person the authority to deal with aspects of your affairs should you lose the capacity to do so yourself, such as if you fall ill or suffer a brain injury.

We can help you with creating a power of attorney and can also act as professional attorneys where necessary.

Why choose our will writing solicitors?

Our wills solicitors have a wealth of combined experience and expertise when it comes to wills and succession matters, supporting clients from all walks of life.

Our expert team have various professional memberships, demonstrating their expertise, including the Society of Trust and Estate Practitioners (STEP) , STEP Advanced Certificate in Family Business Advising. We also have substantial expertise in tax matters, with members of our team being Chartered Tax Advisers, Law Society of Scotland accredited specialists in tax law and members of the Law Society of Scotland’s tax committee.

Our expertise with wills also extends to advising executors of wills, power of attorney, succession planning and will disputes. To find out more about our wider wills services, please click here .

Speak to our will writing solicitors today

Meet the experts, john peutherer.

• 0131 270 7795
• [email protected]

Carole Tomlinson

• 0131 625 7273
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Alasdair Johnstone

• 0131 625 8176
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David Campbell

• Edinburgh | East Lothian
• 0131 270 5369
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Siobhan McGuigan

• 0141 242 7981
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Martin Campbell

• 0131 270 7785
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"We have been a client of the team for over 6 years, a considerable period of time. We have never queried their costs, made a complaint or had any issue worth noting. This speaks volumes for the service received, the quality of the people, but more importantly the trust built."

Latest Insights

• 19 March 2021
• | Carole Tomlinson

Making time for making a will

For many, making a will is something we mean to do but usually sits around the bottom of the to-do list.  While many of us have...

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Online Scottish Wills in Scotland Confidential Expert semi retired solicitor

Welcome to myscottishwill - online wills in scotland, good morning scotland interview of bruce de wert 30 march 2020. your browser does not support html5 audio..

I prepared wills, as a solicitor, for people just like you for over 25 years. This website, offers you all that knowledge and expertise but online in a convenient, confidential and inexpensive way. I have now retired and passed the baton to my daughter, Nicole de Wert-Wightman, who now runs this service.

My reputation.

I have been providing online legal services since the year 2000 when this service was launched and reported on by BBC Reporting Scotland.

Following that, my online divorce service www.MyScottishDivorce.co.uk commenced in 2009, the launch featuring on STV, Reporting Scotland and Radio Scotland. Subsequent to that, I now provide Powers of Attorney at www.MyScottishAttorney.co.uk .

Your benefits

You don’t need to leave home Provided instantly to your email inbox

Easy to use.

Excellent value for money - save £100’s compared to seeing a Solicitor.

Security - your Will is designed by me, a Scottish semi retired solicitor with over 30 years experience and over 20 years providing this service online.

Fixed, inexpensive costs - MyScottishWill charges only £49.99 for your Will. Solicitors fees vary but you might expect to pay, approximately, £150-£400.

Free information - this website is packed full of information about why you should make your Will , the legal jargon and a frequently asked questions page.

You do not pay until you are quite satisfied

So why wait?

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Scottish will online scotland ~ scottish power of attorney online ~ scottish law online.

Will Services Scotland

Securing the future for you and your loved ones.

Will Services Scotland provide professional personal will writing and estate planning services throughout Edinburgh, Fife, East Lothian, West Lothian, Midlothian, Lanarkshire, Glasgow, Strathclyde & the Borders Region .

Our Services

Wills – advice & assistance.

Choose where your assets go in the event of your death. List your own wishes instead of those determined by law.

Power of Attorney

Plan for someone else to manage your financial affairs and welfare in the event of you becoming incapacitated through illness.

Long-term Care Cost Planning

Plan for the eventuality of going into long term care and all the cost implications that may have.

Pre-paid Funeral Plans

Setup funeral arrangements in advance, relieving any worries and financial stress for your loved ones.

Estate Planning

Maximise the benefits your estate can bring to your loved ones.

Inheritance Tax Advice

Ensure you are aware of inheritance tax issues and are leaving your estate with maximum allowances.

Executry & Confirmation

A complete service to wind-up your estate, at a time when administration can be daunting for loved ones.

Speak to an Adviser today

Arrange a FREE no-obligation consultation We can discuss things over the phone or we can visit you at home at a time that suits you, including evenings.

0131 332 1329

[email protected]

Will Services Scotland Ltd. Reg. Office: 22a Rutland Square, Edinburgh, EH1 2BB

Reg. company in Scotland – SC337264

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Will Services Scotland Ltd. are members of The Society of Will Writers

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0131 556 4044

Making a Will in Scotland

We cannot stress too highly the importance of making a Will. Family and personal relationships are now more complex than ever and the absence of a Will can cause significant problems and put the interests of both the immediate family and any business connections at risk. We encourage all our clients to make a Will so that proper arrangements can be made, avoiding unnecessary expense, for those who survive us on our death.

Under Scots Law, everyone over the age of 12 can make a Will and there are many reasons for making one. A Will is a single document, which appoints executors with the responsibility for ensuring that your possessions (your estate) will be passed to your chosen beneficiaries according to the terms specified in your Will.  You may think that you only have a small estate and it won’t make a difference whether or not you have a Will, but it gives you assurance about your affairs and gives certainty to your loved ones who survive you.  If you subsequently wish to make small changes to your Will, this can easily be done by drawing up a Codicil.  

Dying without a will/dying intestate

In Scotland, if you die without making a Will then your estate is divided and passed on according to the laws of intestacy, and this may not be the way you wish it to be distributed.

For instance, your widow, widower or surviving civil partner will not necessarily inherit your estate in full, particularly if your estate is relatively large or you are reliant on savings or a life policy to pay off a mortgage. Another area where problems may arise is where there are children from more than one marriage or you own buy-to-let property. 

Testimonials for our Wills and Powers of Attorney services

I’d like to thank you and the team at Fergusson Law for your recent help sorting out  wills  and  powers of attorney  for my parents and ourselves.

We weren’t sure exactly what we needed to put in place and you were a great help explaining the options in straight forward terms that we could actually understand. It was easy to arrange meetings that were convenient for us and your clear fixed pricing policy made it simple to understand the related costs, which we considered great value. Now that we have everything in place we feel much more secure in the knowledge that we’re able to deal with whatever may happen in the future.

Overall, we found you very knowledgeable and the advice easy to follow and I’d be happy to use Fergusson Law again and to recommend your services to my friends.

I would like to take this opportunity to thank you for arranging Wills and Power of Attorney for myself and my wife.

We wanted to make sure that we received proper advice and that the documents would stand up should they ever be required to at a future date. You took the trouble to visit us when convenient and explained everything fully so that we could understand. There was no pressure put on us and when we decided to proceed, you arranged a follow-up visit to complete matters.

We were very pleased with your service and would have no hesitation in recommending Fergusson Law to friends, family and clients.

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Wills – making a Will in Scotland:

Making Wills should be considered a priority for all adults.

A Professional Will writing Service

The Charterhouse Inheritance Planning Will writing service in Scotland.

Our expertise encompasses all aspects of advice and guidance for making a Will.

We ensure your wishes for inheritances are set out correctly.

Don`t delay making a Will –

The consequences can be horrific:

Delaying making a Will and not using a professional will-writing service is easy. 

However, if you die without a Will, your estate`s beneficiaries are determined by legislation:

Without a Will – who inherits?

Your estate assets include your property, savings, investments and shares. These will be distributed under the Laws of Intestacy.

Read on for more information on this – 

Probate by a solicitor:

The assets will be distributed according to the legal rights to succession, rather than your wishes. This is executed by a solicitor completing a Probate on your estate.

Probate is a very lengthy and expensive process.

Wills in Scotland – Making a Will:

Making Wills in Scotland allows your wishes to be communicated after your death.

If you do not have a professionally written Will, your family may face many issues in the settling of your estate:

Avoiding family stress and expense:

Your immediate family are faced with hassle, stress and unnecessary expensive solicitor costs to “wind up” your estate.

Laws of Intestacy (not having a Wlll)

The laws of intestacy and rights of succession will decide who gets what and how much. This will most probably not be what you wished to happen.

Delays to inheritances:

Not making a Will could mean your estate would take up to 4 years to be formally “wound up” by a solicitor. No inheritances can be paid or transferred to beneficiaries until this is completed.

Assets frozen – no access:

Bank accounts, investments, and shares could be frozen. Property could lie empty until the estate is settled by the solicitor.

Wills in Scotland – children`s inheritances:

If you are in a partnership and have children, your children will have a right to inheritance. However, depending on property title proprietorship, your partner may have no legal right to inheritance.

Wills – Guardianship for minors:

Young children may not be cared for by the person you wished. The courts would make the decision as to who should become their legal guardian(s).

Will Writing Services:

There are many companies who offer Will writing services with cheap alternatives for Will writing. For example, online Wills, Will templates and “free Wills”.

Read more at  Estate Planning about at the issues and risks to you with these seemingly money-saving alternatives.

The Charterhouse Will writing service:

Using the Charterhouse Will writing service ensures that you receive the foremost quality of advice and guidance in preparing your Wills.

Planning and making your Will:

Take advantage of the expertise of both Charterhouse and our working relationship with Dallas McMillan solicitors.

Your Will is set out to suit current legislation and your circumstances.

Wills – their limits for protection:

There are many misconceptions as to exactly what Wills can do legally. It is vitally important that you are aware of the limits of protection a Will affords.

You can read more about wills from our frequently asked questions by clients.

Will Trusts:

If you own property or have a large amount of savings or investments, you should seriously consider setting up a Will Trust to give you more protection.

If you wish to know more about our bespoke

will writing service, call us on 0141 266 0093

Or email us at [email protected]

Arrange an appointment to discuss making a Will.

Information Library

McClure Solicitors in Administration

Trusts and Taxation Rules

Care Home fees - the Regulations explained

Taxation on Estates and beneficiaries

Reducing Inheritance Tax

Threats for family inheritances

Can Care Home fees be avoided?

Inheritance Tax Planning

Gifting assets - the risks

Practice made perfect

Wills Solicitors in Glasgow

If you want to have your property divided according to your wishes when you die, it’s important to have a valid Will in place.

For a Will to be valid, it must meet certain requirements. A Will allows you to leave specific items to loved ones, to appoint the person you wish to wind up your estate, to plan to reduce inheritance tax and, most importantly, a Will gives you peace of mind that your affairs are in order. If you’re thinking of writing a Will in Glasgow, we can help.

Call the Will Solicitors team at The Glasgow Law Practice today for a free, confidential chat.

Based in Glasgow, Scotland, our friendly and professional Will Solicitors at Glasgow Law Practice can advise you on all aspects of making a Will. Call us today or fill out our online enquiry form.

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A Will is a document under which the estate of a deceased person will be passed to various beneficiaries according to the terms specified in the deed.

It may, however, also comprise some related documents. For instance, the person making the Will (also known as a ‘testator’) may have a main Will drafted with later documents adding to or amending that main Will. These additional documents are known under Scots law as codicils.

In addition to the Scots law requirement for you to be 12 years old or over and have legal capacity, under the Requirements of Writing (Scotland) Act 1995, Wills must be in writing and must be made in accordance with the legal rules which prescribe the required form for all Wills in Scotland. For instance, it must be signed on every page in the presence of one witness.

If the document was not drafted by a professional, there is a risk that it’s not legally valid. Possible defects in Wills include those where it has not been signed on one or more pages, where the Will has been handwritten but has not been witnessed, or where a pre-printed Will has been used.

A recent survey found that a concerning 65% of parents in Britain have not made a Will, while just 27% of adults with a child have a plan for passing on their inheritance. Don’t be one of them.

If your Will is not drafted by a solicitor or other professional, there is a chance that it’s not valid. In the past, the Scottish courts have taken a relatively strict approach to interpreting Wills in order to establish a completed testamentary intention.

YOUR QUESTIONS ANSWERED

Why should I make a Will?

If you make a Will, then your spouse, children and other beneficiaries will inherit your assets, in addition to numerous other benefits.

Under Scots law, everyone aged 12 and over can make a Will, and there are many reasons for making one. When drafted properly, a valid Will allows you to do the following:

• determine the beneficiaries who will inherit your estate; 
• appoint executors who will administer your estate;
• give your executors powers to act in the event of your death; 
• receive assurance that your affairs are in order;
• make ancillary provisions, such as funeral arrangements; and 
• take control of tax planning, particularly in respect of inheritance tax  with the potential to save thousands, if not tens of thousands, of pounds.

Additionally, unmarried partners and partners who have not registered a civil partnership may not be able to inherit from each other in Scotland unless there is a valid Will.

The death of one partner in the absence of a valid Will may, therefore, cause serious financial problems for the remaining partner.

Similar concerns exist in respect of children, although under intestate succession your children are collectively entitled to one third of your moveable estate if you left a spouse or civil partner, or to one half of your estate if you left no spouse or civil partner.

What should I include in my Will?

There are various main points to consider when making a Will in Scotland. First, consider how much money, property or possessions you have.

These can include, for instance, savings, pensions, insurance policies, shares, bank accounts, etc. Second, consider who you want to benefit from your estate.

These people are known in Scotland as beneficiaries. It may be best to create a brief list of the people, organisations or charities you wish to leave your money, property or possessions. Third, if you have children under the age of 16, consider who you would like to look after them or any older children. Fourth, consider who you would like to nominate as the executor or executors of your estate.  The executors of your estate  are the people who help to administer your estate and carry out the instructions set out in your Will in the event of your death.

Other considerations for drafting a Will include how you want your remains to be dealt with, the appointment of a solicitor or executor to wind up your estate, the making of charitable bequests or small gifts to friends or relatives.

What happens if I die without a Will?

In Scotland if you die without making a Will then your estate is divided and passed on according to the law of intestate succession.

These laws determine how your money, property or possessions should be allocated after your death and this is unlikely to be how you would wish them to be distributed. You need a written Will which sets out your clear and final intentions if you want to be able to choose who inherits your estate.

Your widow, widower or surviving civil partner is entitled to the first £42,000 out of the estate if you left children or descendants of children, or to the first £75,000 if there are no children or descendants. Your widow, widower or civil partner is entitled to one third of your moveable estate if you have left children or descendants of children, or to one half of it if you have not left children or descendants.

The children are collectively entitled to one third of your moveable estate if you left a spouse or civil partner, or to one half of it if you left no spouse or civil partner. Each child has an equal claim. Where a child would have had a claim had he/she not died before his/her parent, his/her descendants may claim his/her share by the principle known as representation.

As you can see it’s not at all straightforward and certainly not what you might have imagined would happen on your death. We have set out the executry process in Scotland in more detail here Not only does having a valid Will make the winding up of the estate much easier, it also means that your estate will be distributed according to your intentions and you will also receive all of the other benefits of having a Will.

Can I leave someone out of my Will?

An area where parties not mentioned in a Will can have rights to an estate is linked to what are known as legal rights. Even where a Will leaves nothing to one or all of the children or the spouse the disinherited spouse or child still has a claim on the estate of the deceased.

If there is no surviving spouse, the children are entitled to share half of the moveable estate. If there is a surviving spouse the children share a third of the moveable estate. The spouse is entitled to a half or a third share of the moveable estate depending on whether there are surviving children.

If you have any concerns about a Will then it’s important that you take advice as soon as possible.

Can I make changes to my Will?

Yes, you can make changes to your Will after it has been drafted.

As above, a Will is not set in stone and once made and signed it can be easily changed in the future by additional documents called codicils, which can take account of any changes in your or your family’s circumstances.

You can also add a codicil to prevent ‘deathbed gifts’ being challenged. Indeed, it’s important to update your Will to reflect any changes in your family’s circumstances.

The most common situations that should prompt changes to be made to a Will include the following:

• if you are getting married or remarried or registering a civil partnership;
• if you are getting a divorce or separating from your partner; – if you are having a child or adopting a child;
• if a beneficiary dies; and
• if you gain new assets which you would like to leave to certain people upon your death.

Can I make a Will even though I have a small estate?

Yes, you can make a Will to provide for even the smallest estates. You may think that you only have a small estate and it won’t make a difference, but it gives you certainty about your affairs and gives certainty to your loved ones that survive you. It can be difficult to organise yourself at the best of times and when you are fit and healthy you don’t really want to think about death but a few hours now can bring you a great deal of comfort in the future. On top of that, your estate may be a lot larger than you think. Your house, if you own it, forms part of your estate and you may also have insurance policies or other financial assets that have significant value. Taken together and taking account of inflation generally and in house prices particularly your estate can end up being a lot greater than you imagine.

Can I contest a Will in Scotland?

Challenges to Wills are not common but they are certainly more common than they were 20 years ago. Part of this trend is probably due to the increase in the complexity of the law and the popularity of pre-pack and template Wills where the testator doesn’t take specialist advice before making and signing a Will.

While challenging a Will can be difficult, The Glasgow Law Practice can offer you advice and assistance if you have concerns about a Will of a relative or friend.

Wills can be challenged on several grounds:

• Capacity  – This is where the deceased did not have sufficient mental capacity at the time he or she made the Will to be able to understand the implications of the Will.
• Execution of a Will  – Wills;need at the very least to be signed by the testator and are more usually signed on every page and in the presence of a witness who is not a beneficiary of the Will.
• Undue influence and Wills  – This is where one person takes advantage of a relationship with a testator to unlawfully persuade that person to grant them some legacy in the Will.
• Fraud and Wills – Where there is evidence that the signature on the Will is a forgery, then it can be challenged.

How much will it cost to write a Will?

We offer a fixed-fee Will writing service. We pride ourselves on offering an affordable, value for money service. To speak to us about making a Will and receive a quote for this service, simply give us a call today  0141 552 9193  .

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Free Will Writing Service

It's important to ensure that your financial affairs are in order and a key part of this is having an up-to-date Will. If you're over 50 and living in Scotland you can benefit from our free Will writing offer.

We work in partnership with  Solicitors for Older People Scotland , a group of Scottish law firms dedicated to providing legal services to older people in a caring and sensitive way. You can make a new simple and straightforward Will for free with Solicitors for Older People Scotland in three easy steps.

Get Started

• Contact us using the form below or calling  0333 323 2400 . (Monday to Friday 9am - 5pm)
• Solicitors for Older People Scotland will contact you within three working days to arrange an appointment at a time that suits you.
• Consider  leaving Age Scotland a gift in your Will in lieu of a solicitor's fee.

Take advantage of our FREE Will writing service

Get in touch.

If you have any questions about the service please contact us on 0333 32 32 400.

Information and advice newsletter

From time to time we'd like to let you know about the vital work we do for older people, including information guides and workshops.

Suggestions

Write your will for free

Do you need to write a will but you're worried about the cost? Shelter Scotland has partnered with expert will writing services so you can write your will for free.

Retiring? Moving house? Celebrating a new grandchild? There are so many reasons to make a will – and it’s important that you do.

Your will is a chance to make sure that your loved ones are taken care of and that your wishes are respected. It’s also the only way for you to leave a legacy to the causes and charities that you're passionate about. ​​

Shelter Scotland's free will writing services cover the cost of a simple will. There may be an additional cost for wills for more complex estates.

You're under no obligation to leave a gift to Shelter Scotland when using these services. However, we'd really appreciate it if you decide to remember us in your will.

Ways to write your will

Face to face.

The National Free Wills Network can put you in touch with trusted solicitors in your local area who can help you write or amend a simple will at no cost.

Request a free will writing pack from the National Free Wills Network. This pack has details of local solicitors who you can contact to make an appointment.

Alternatively, please email your full name and address to [email protected] or call us on 0344 515 1617 .

By t elephone

Our partner, Farewill, offers a telephone will service. You can speak to a will specialist on the phone who'll guide you through the process.

Call  0208 050 2686  and quote ‘Shelter Scotland’ or  request a callback.

There is a £20 fee for late cancellation or no show for a telephone appointment.

Find out more from Farewill about their will services.

Find a solicitor

If you prefer to find a solicitor yourself, you can contact the Law Society of Scotland  or telephone  0131 226 7411  (Monday to Friday from 9am to 5pm).

Preparing to write your will

Before you write your will, you may wish to complete an asset checklist so you have a clear idea of what your estate is worth.

If you would like to leave a gift to Shelter Scotland, all you will need is our charity number: SC002327 and address: Scotiabank House, 6 South Charlotte Street, Edinburgh, EH2 4AW . You can also provide your solicitor with our suggested will wording .

For further information about our work and gifts in wills, please contact us on 0344 515 1617 or at [email protected]

Further guidance on wills

Types of gifts you can make.

There are a number of ways you can leave Shelter Scotland a legacy gift in your will.

You could gift:

1. A share of your estate (residuary gift)

You may wish to leave Shelter Scotland all or part of what is left of your estate after other gifts and debts have been paid. This gift will not be eroded in value by inflation over the years.

Suggested will wording: 'Subject to the payment of my debts, funeral and testamentary expenses, I give (the whole/insert percentage value) of my estate not otherwise disposed of by this my Will to Shelter Scotland of Scotiabank House, 6 South Charlotte Street, Edinburgh, EH2 4AW registered charity number SC002327, for the general purposes of Shelter Scotland, and I declare that the receipt of their Treasurer or other proper officer shall be a full and sufficient discharge.'

2. A sum of money (pecuniary gift)

You may wish to leave us a stated sum of money. With this gift, it’s important to remember that the value of money changes over time and you may need to alter your will periodically to keep up with inflation.

Suggested will wording: 'I give free of tax to Shelter Scotland of Scotiabank House, 6 South Charlotte Street, Edinburgh, EH2 4AW, registered charity number SC002327, the sum of £________ for the purposes of Shelter Scotland, and I declare that the receipt of their Treasurer or other proper officer shall be a full and sufficient discharge.'

3. A specific item of value

Some people decide to gift us specific items of value, such as works of art or property. By leaving a property to Shelter Scotland, you can give thousands of people a safe home. For example, a house which sells for £290,000 could help a staggering 10,000 people get advice by making a call to our emergency helpline and avoid losing their homes.

Suggested will wording: 'I give to Shelter Scotland of Scotiabank House, 6 South Charlotte Street, Edinburgh, EH2 4AW, registered charity number SC002327, absolutely (write in here whatever you wish to give) for the purpose of Shelter Scotland, and I declare that the receipt of their Treasurer or other proper officer shall be a full and sufficient discharge.'

4. A reversionary gift

This gift enables you to pass your estate or specific assets of your estate, to individuals who will benefit throughout their lifetime. Following their deaths all, or some, of the estate is then passed to the beneficiaries as specified in the reversionary legacy.

For example, property may be left to a spouse for their lifetime and then bequeathed to Shelter Scotland after their death.

How to amend an existing will

If you already have a will and want to make small changes – such as including a gift to Shelter Scotland – you may not need to rewrite it. You can ask your solicitor to add a codicil form , which makes amendments to your existing will.

I t might be better to write a new will if you’d like to make a significant change to it. You can use our free will services for both writing a new will and amending one.

Inheritance tax benefits

Gifts in wills to registered charities are free of inheritance tax (IHT). So, if the value of your estate is more than the tax threshold, a gift to charity could reduce the burden of IHT.

Also, if you leave 10% or more of your estate to charity, this can reduce the rate of IHT from 40% to 36% on some assets.

Find more from Gov.uk about inheritance tax

Keeping your will safe

Wills often get lost or mislaid over time, so make sure to keep yours safe.

We recommend leaving a copy of your will with your solicitor, or with someone you trust.

You can also register your will with the National Will Register , for a small fee.

Please note that all the will writing services above are provided by third-party organisations who are independent of Shelter Scotland. By participating in any of the will writing services above, you become a direct client of the will provider. To use these services, you must consent to providing Shelter Scotland with your full name, address, and date of birth whether or not you have included a gift to Shelter Scotland in your will. Shelter Scotland reserves the right to withdraw the free will services.

Ways to get involved

Leave a gift in your will

Donate in memory

Get involved

Why You Should Consider a Professional Will Writing Service in Scotland?

When planning for the future and protecting your legacy, having a properly drafted will is crucial – especially if you live in Scotland. The unique laws governing inheritance and estate distribution in Scotland mean that going alone when making a will is inadvisable. Utilising the services of a reputable professional will writer can be invaluable for ensuring your final wishes are clearly expressed and legally binding. Here’s an in-depth look at why obtaining professional will writing service in Scotland is so important.

The Importance of Will Writing in Scotland

The need for a valid, comprehensively written will cannot be overstated in Scotland. While it’s understandably something few people want to dwell on, neglecting to make a legitimate will means you essentially surrender control over what happens to your assets after you’re gone. There are several key reasons why this essential document deserves careful attention in Scotland:

Unique Scottish Inheritance Laws

Unlike other parts of the UK, Scotland governs its inheritance laws. Scotland’s ‘statutory rights’ system ensures that certain family members are entitled to a share of your movable property regardless of what is written in the will. It protects close relatives but also means that a carefully constructed will is essential if you want any discretion over the distribution of your assets.

Ensuring Your Wishes Are Met

A will provide a clear roadmap of how you want your assets, from property to personal belongings, to be divided among your beneficiaries. Without it, your assets will be divided according to the law of intestacy in Scotland. It may only sometimes align with your wishes, leading to potential disagreements between family members and loved ones.

Providing for Minor Children

If you have children under 16, making a will is essential for nominating guardians to care for them in the tragic event that both parents pass away. Leaving this decision up to the courts through intestate succession can be highly traumatic for the children involved and lead to outcomes you wouldn’t want. A will provides clear instructions.

Avoiding Potential Disputes

Disagreements and disputes over a deceased’s assets and how they are divided can sadly destroy family relationships and deplete estates through costly battles. However, an iron-clad, unambiguous will that outlines your wishes minimises any chance of conflicts arising after you’re gone. Professional will writers ensure your will is comprehensive and leaves no room for interpretation.

Mitigating Tax Liabilities

Creating a will can also play an essential role in efficient tax planning. Ensuring that certain assets are allocated accurately makes it possible to minimise potential inheritance tax liabilities, ensuring that your beneficiaries get the most out of their inheritance.

Peace of Mind

Finally, having a Will provides peace of mind, knowing that your loved ones are taken care of and won’t incur unnecessary wrangles during an already emotional time. It is the ultimate act of care and consideration, ensuring that your wishes are respected and your assets are distributed as you see fit.

Benefits of Professional Will Writing Services in Scotland

• Expertise and Knowledge: The intricacies of Scottish inheritance law and the required creation procedures will mean this isn’t an area for amateurs. Professional will writers bring a comprehensive working knowledge of all the pertinent rules, regulations, and formal processes involved to ensure your will is reliably valid. They stay updated on any changes to protect your interests.
• Avoidance of Common Pitfalls: Wills created without professional guidance frequently contain problematic errors, omissions, or ambiguities that can open the door to potential challenges and costly disputes down the road. Even a single mistake can be enough to partially or fully invalidate a will. The focus and meticulous approach of certified will writers prevent these issues.
• Streamlined, Hassle-Free Process: For most people, writing a will without professional help is highly time-consuming, tedious, and confusing. Reputable will writing services have streamlined procedures to make the entire process quick, efficient, and stress-free. All that’s required is providing them with the necessary information about your wishes and circumstances.
• Regular Review and Updates: Life events like marriages, divorces, births/adoptions, property acquisitions and more inevitably require updates to existing wills. Maintaining an ongoing relationship with a dedicated will-writing service makes it easy to review and amend your will to reflect your changing situation.

Cost of Writing a Will with Professionals

One might be tempted to bypass a professional service due to the perceived costs. However, while there’s an initial investment, it can save considerable money and emotional turmoil in the long run.

• Future Savings: Mitigating disputes and ensuring clarity can save your heirs significant future fees.
• Tailored Packages: Many local will writing services offer different packages, ensuring you only pay for what you need.

Finding the Best Will Writing Service in Scotland

When looking for a will writing service in Scotland, prefer those with a proven track record. Look for testimonials, credentials and any professional affiliations. The best will writing service will be transparent about their processing costs and prioritise the client’s needs.

Read more: Common Mistakes to Avoid When Making Your Will in Scotland

Navigating the landscape of will writing in Scotland does not have to be a challenging endeavour. This critical task can be straightforward and reassuring with guidance and expertise. Investing in a professional will-writing service offered by ILaws Scotland gives you peace of mind and protects your loved ones from unnecessary complications and entanglements. Remember, a Will is more than just a document; It is proof of your foresight, care, and deep consideration for your family’s future well-being.

Q1. Why can’t I write my own will?

While it’s technically possible, self-written wills often lack robustness. A professional service ensures it meets Scottish standards.

Q2. How often should I update my will?

Reviewing your will after major life events, such as marriages, divorces, or births, is advisable. However, a general rule of thumb is every 3-5 years.

Q3. What’s the cost of writing a will with a professional service?

Costs vary based on complexity and the chosen service. It’s always best to consult directly with providers for precise quotes.

You can also read:

What is the importance of making a power of attorney, a guide to protecting your assets from care fees, how to apply for power of attorney in scotland: an ultimate guide, a comprehensive guide to making a will in scotland, common mistakes to avoid when making your will in scotland, what you need to know about care fees, schedule appointment, related posts, children cannot be completely disinherited.

iLAWS are Will Writers and Asset Protection Specialists. We are not conveyancing solicitors, however, we have long-standing associations with many such firms and can refer a Client on to them if you require this type of work to be undertaken. Contact us at [email protected] for more details.

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When planning for the future, one of the most prudent things you can do is ensure you have a Will. It may be one of these tasks that you keep putting off and claim you will eventually get around to. However, setting aside time to deal with it now will ensure your estate will be dealt with the way that you want it to be. You will have peace of mind that your family and appointed Executors will know exactly what your intentions are.

What happens if I do not draft a Will?

If you die without leaving a Will, this is known as dying “intestate”. This means that your estate will be divided up the way in which the law dictates. This is unlikely to be what you intended for your assets. If you have no family and leave no Will, the Crown will inherit your estate. If you do have family, only your closest relatives will benefit from your estate – no specific gifts or charitable legacies will be left (even if you mentioned these intentions to anyone prior to your death). Also, it is important to know that if you are not in a marriage or civil partnership , your partner will not benefit from your estate under the intestacy rules.

If you do not make a Will then you have no say over who your assets go to. It means that your family will have a more complicated and expensive task in administering your estate. Not drafting a Will can also lead to there being a higher tax liability on your estate .

What should a Will include?

Your Will should nominate an Executor (or Executors). This will be the person (or persons) who is tasked with administering your estate and ensuring that the intentions set out in your Will are adhered to. It is also sensible to appoint an alternative Executor so that in the event that an Executor refuses to accept office or predeceases you there will be someone else to fulfil his or her role.

Next to be dealt with are legacies. Here you can outline specifically how you want your estate to be divided, for example, who you would like to inherit any property that you own or whether it should be sold, and provide instructions for cash legacies to individuals and any charitable legacies. After dealing with legacies, you will need to provide instructions for the distribution of any remaining assets. If there are any young beneficiaries in your Will, it is also possible to set up a trust to protect their assets until they reach a certain age.

You may also wish to think about having a “Letter of Wishes” drafted. This is a straightforward document that can outline your intentions and help your family members and Executors understand how and why you want your estate to be divided.

We understand that it may not be pleasant to think about drafting a Will but doing so can mean that your family and close friends are taken care of the way you want them to be. Drafting a Will can ensure they have a much less stressful time when it comes to dividing your estate.

Expert Wills Solicitors Clarkston, Newton Mearns, Giffnock, Netherlee, Eaglesham, Carmunnock, Stewarton& Southside Glasgow 

Here at Claphams, we offer a professional and accessible Will writing and updating service. As part of this mission, we have teamed up with Cancer Research UK’s free Will service. Contact us today on  0141 620 0800  or fill out our  online enquiry form  if you are in Clarkston, Newton Mearns, Giffnock, Netherlee or the surrounding areas in Glasgow.

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Don't delay until it's too late., secure the future of your family by making your wishes known., call us today, 01383 414424, 07967 115582, drop us a message, [email protected], member of the society of will writers, "being aware of how illness can strike at any time, i realised that it was essential to set up a will and power of attorney. marylyn visited me at home and made the process very easy." - dorothy fall, edinburgh, will writing.

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Plan for someone to help you manage your finance and health should you become incapacitated.

Providing you bespoke and personal tailored services with free home visits.

We help you plan ahead to secure your future and those of your loved ones. Getting your affairs in order doesn’t have to be overwhelming and we are here to guide you by keeping the process simple, clear and concise. Offering you dedicated tailored solutions that are easy to understand so you can be prepared. 

"I thought setting up a Will and Power of Attorney would be complicated. Marylyn made it quick and easy to do. Now I feel happier that everything is in order." - Martha Gray, Valleyfield

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Free Will writing service

We've partnered with bequeathed to make writing or updating your will as simple as possible. .

Bequeathed is an easy-to-use service that allows you to complete your Will online or over the phone. You’ll get step-by-step guidance and support throughout the process. You can also request 30 minutes of free legal advice, or 45 minutes if you’re a couple that’s making a joint Will .

After taking care of your family and friends, we'd be incredibly grateful if you considered leaving a gift in your Will to Sight Scotland. No matter the size of your gift, you can make a real difference to the lives of people with sight loss in Scotland.

Step One: Complete an online interview

The questions Bequeathed ask help you gather all the information required to make your Will quickly. It takes around 20 minutes and their team is online to help. 

Step Two: Get free advice from an accredited firm

When you’ve completed the interview, Bequeathed will arrange a 30 minute appointment with a legal firm. Choose phone or video call, your home or their office. The firm will discuss your situation and your wishes and confirm the Will fully caters for your needs. 

Step Three: Sign and witness your Will

After your appointment, the legal firm will send you your free Will For Good. Just sign it in front of witnesses and return to the firm. They will check it has been executed correctly. 

Create your Will with Bequeathed

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The benefits of making a Will

With a Will, you can decide how your Assets are shared out to your relatives, to friends, or perhaps to your favourite charity.

You can make sure your partner is provided for if you aren't married or in a civil partnership (as your partner will not inherit automatically).

If you're divorced or if your civil partnership has been dissolved, you can decide whether to leave anything to an ex-partner.

When you make a Will, you can appoint an Executor who will take responsibility for distributing your assets according to your wishes.

You can also make sure you don't have to pay more Inheritance Tax than necessary.

Please note that our will writing service is closed to new customers.

Making a tax efficient Will

Simply leaving your Estate to specific people or organisations might not be the most tax-efficient way to distribute your wealth. 

When writing your Will, you should consider Inheritance Tax and how to protect your money for future generations. There are ways to reduce the amount you will be eligible to pay, thus increasing the amount of your estate which can be distributed according to your wishes.

What is Inheritance Tax?

Inheritance Tax (IHT) is payable on the value of your estate (after you die). It is only payable over a certain amount (or "threshold").

It may be more tax-efficient to set up a trust within the terms of your will. A trust is a way of managing assets (money, investments, land or buildings) under a range of circumstances. There are different types of trusts and they are taxed differently.

Setting up a trust

Check out the Government website for further information relating to different types of trusts and their benefits.

If you already have a Will, you may wish to review it to ensure it reflects any changes to your situation or to inheritance laws. Tax reliefs and other matters referred to are those available under current legislation, but these may change, and their availability and value will depend on your individual circumstances.

Appointing an Executor

It's up to you who you appoint as an Executor of your estate. It could be an individual, family member or a professional such as a legal firm.

An executor must deal with legal, property, investment and tax issues relating to your assets and that may require specialist knowledge.

An Executor must also act impartially with all Beneficiaries  - and offer confidentiality. Bear in mind that a close family member may not wish to perform this role, especially at a time of bereavement.

Citizens' Advice

To find out more about writing a will, you can access impartial advice from Citizens' Advice .

The UK Government website gives information on things you need to consider when writing your will.

Frequently asked questions

Why do i need professional help to draw up my will.

While writing a Will is not always a difficult process, using a specialist can ensure that all the important points are covered. As much as anything, a well-written, legally binding Will is the best way of making sure that your Assets are distributed the way you want after your death.

What is an Estate?

This refers to the combined Assets (such as property, money and investments) and the Liabilities (such as debts) of the deceased. It is possible to write your Will to cover your worldwide Estate, or you can limit your Will to only apply in specific countries or regions (defined jurisdictions).

This is a tax payable following death on the value of an Estate over a certain amount (or ‘threshold’), subject to specific tax exemptions and reliefs. Bequests to a surviving spouse or civil partner or to a registered charity are examples of transfers that are free of tax. Inheritance Tax is taken from an Estate before the Assets are passed on to the Beneficiaries.

What is an Executor?

The Executor is the person or company named in the Will as responsible for dealing with the Estate and ensuring that the terms of the Will are met. 

Should I have a professional Executor?

This is your choice. Dealing with the legal, investment and tax issues of an Estate often requires specialist knowledge that a relative or friend may not have. A professional Executor will also act impartially in dealing with all Beneficiaries – and offer confidentiality.

I previously received a Will from the Bank and need to make a change

If you have previously used the will-writing service, please contact Hugh James Solicitors on  02920 391019  or Relay UK on  18001 02920 391019 .

Lines are open 8am - 6pm (Mon-Fri).

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DIY Wills in Scotland

• By Derek Hamill
• Insights Private Client
• June 21, 2018

Last year, the Law Society of England and Wales said that courts should be allowed to recognise informal wills as an expression of people’s final wishes. The society made the proposal in a submission to the Law Commission, who suggested courts could have a “dispensing” power allowing them to recognise a Will where the formal Will-making process has not been strictly followed, but the testator’s intentions are clear. This would include electronic messages or audiovisual recordings.

Joe Egan, president of the Law Society of England and Wales, said: “When 40 per cent of people die without making a Will we know there is more we can do to make the process accessible to the public. The lack of a formal Will should not restrict a court from respecting someone’s final wishes when those can be proven – with appropriate safeguards against fraud.”

This follows last year’s decision by the Supreme Court of Queensland, Australia to uphold an unsent text message saved in “Drafts” as a valid Will. The text message ended with “My Will” and the Court held that this was sufficient to prove that the man who had composed the message had intended it to operate as his Will upon his death.

In Scotland, however, to be recognised as a valid Will a document is required to have the following features:

• The testator must have had the mental and legal capacity to make a Will at the time they made it;
• The testator must have intended the document to be of testamentary effect; and
• The document must have been signed by the testator at the end.

As such, north of the border, there is no foreseeable circumstance where any form of electronic communication or audiovisual recording could be capable of being deemed to be a valid Will. There are presently no plans for the Law Society of Scotland to recognise anything further than this and, without the “dispensing” power of courts in England, Wales, and Australia, Scottish Courts would be bound to ignore any testamentary writings not made in accordance with the current rules. This would mean that the estate would be dealt with by the rules that come into play when somebody dies without a Will: the laws of intestacy.

In Scotland it is a time consuming and costly exercise to administer an intestate estate. The first stage involves applying to the Court to have an executor appointed, followed by an expensive insurance policy that protects the deceased’s estate in line with the rules of intestacy. As such, the lack of a Will can cause a great deal of uncertainty, distress and expense for your family and those dealing with your estate.

If you have not made a Will it is highly recommended that you seek legal advice and have your Will written by a legal practitioner who will ensure that your Will is legally valid and recognised as such, as well as ensuring that your wishes are reflected. A valid Will allows for property to be passed in accordance with your wishes, guardians to be appointed to any children, and trust provisions to protect the inheritance of any young or vulnerable beneficiaries.

Gilson Gray offers a team of accredited specialists in our Private Client department who would be happy to advise you in relation to putting a Will in place, or to discuss what could happen in your own situation should you die without a Will.

The information and opinions contained in this blog are for information only. They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice. Before acting on any of the information contained in this blog, please seek specific advice from Gilson Gray.

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