Making a Will in Scotland:
The Complete Guide

1 Do I Need a Will in Scotland?

Yes — and Scottish law makes this more important, not less, because of rules that don't exist anywhere else in the UK.

You need a will in Scotland if any of the following apply:

• You want to choose who inherits your estate — rather than letting the law decide
• You have a partner who is not your spouse — they have no automatic inheritance rights
• You have children and want to specify who raises them if you die
• You own property, savings, investments, or a business
• You want to leave a gift to a friend, charity, or someone outside your immediate family
• You have digital assets — cryptocurrency, subscriptions, online accounts
• You want to choose who handles your affairs after you die
• You want to reduce potential conflict between family members

2 What Happens If You Die Without a Will?

Dying without a will in Scotland is called dying intestate. Your estate is distributed according to the Succession (Scotland) Act 1964, which operates in three distinct layers — unlike anywhere else in the UK.

3 Prior Rights — What Your Spouse Gets First

Prior rights are a uniquely Scottish concept. They give a surviving spouse or civil partner automatic rights to claim certain assets before anything else is distributed — even before any will takes effect on the remaining estate.

4 Legal Rights (Legitim) — Your Children's Automatic Entitlement

In Scotland, your children have an automatic legal right to a share of your moveable estate (everything other than land and property) regardless of what your will says. This right is called legitim — also known as "the bairn's part."

5 The Legal Requirements for a Valid Will in Scotland

The formal requirements are set out in the Requirements of Writing (Scotland) Act 1995. Importantly, Scotland only requires one witness — not two, as in England, Wales, and Northern Ireland.

• The will must be in writing — typed is fine, but the final version must be printed and signed
• You must be 12 or over (lower than the 18-year threshold in the rest of the UK)
• You must have testamentary capacity — sound mind, fully understanding what you're signing
• You must subscribe (sign) the will on the final page
• One independent witness must also sign, adding their full name and address

Who Can Be a Witness?

Your witness must be 16 or over, of sound mind, and should not be a beneficiary. They must sign and add their full name and address. Unlike in England and Wales, a beneficiary acting as witness does not automatically void their gift — but it creates a conflict of interest and should always be avoided.

6 What Should a Will Include?

• Your personal details full legal name, address, date of birth
• Revocation clause cancels all previous wills (included automatically in all Swiftwills documents)
• Executor appointment the person who applies for confirmation and administers your estate
• Guardian appointment if you have children under 16, who takes parental responsibility
• Specific legacies particular sums or items to named individuals or charities
• Residuary estate who receives everything remaining after specific gifts and costs
• Substitution provisions what happens if a beneficiary dies before you
• Trust provisions for children under 16, who manages their inheritance and until when
• Funeral wishes not legally binding, but important guidance for your family
• Digital assets guidance on online accounts, cryptocurrency, and digital property

7 Choosing Your Executor in Scotland

In Scotland, an executor appointed by will is called an executor-nominate. They apply for confirmation from the Sheriff Court — the Scottish equivalent of probate — and administer your estate.

• Register the death and notify beneficiaries
• Apply to the Sheriff Court for a Grant of Confirmation
• Collect (ingather) and value all assets
• Pay all debts, expenses, and any inheritance tax due
• Distribute the estate in accordance with your will

8 Appointing a Guardian for Your Children

In Scotland, you can appoint a guardian for children under 16 — the age of full legal capacity under the Age of Legal Capacity (Scotland) Act 1991. This differs from England, Wales, and Northern Ireland where the relevant age is 18.

Without a named guardian in your will, a court decides who raises your children — and that decision may not align with your wishes.

9 Leaving Specific Gifts

Your will can include pecuniary legacies (fixed cash sums) and specific legacies (named items such as jewellery or a car).

Heritable vs Moveable Property

In Scots law, land and buildings are heritable property; everything else is moveable property. This distinction matters because legitim only applies to the moveable estate — not heritable property.

Ademption

If you leave a specific item you no longer own at the time of your death, the gift fails and the beneficiary receives nothing. Review your will whenever you dispose of named assets.

10 Including Your Partner in Your Will

Cohabiting and Unmarried Couples

An unmarried partner has no automatic right to inherit under Scottish intestacy law. Scotland offers a limited court remedy under the Family Law (Scotland) Act 2006 — a cohabiting partner can apply within six months of death — but this is uncertain, costly, and at the court's discretion. A will is the only reliable way to protect your partner.

11 Leaving a Gift to Charity

Charitable legacies are entirely exempt from inheritance tax. If you leave at least 10% of your net estate to charity, the IHT rate on the remainder falls from 40% to 36% — more for both your charity and your family. Always include the charity's full registered name and charity number.

12 Inheritance Tax and Scottish Estates

Inheritance tax is a UK-wide tax — the rules and thresholds are the same in Scotland as elsewhere.

This is a general overview only. Seek independent financial or legal advice for complex estates.

13 Can I Write My Own Will Without a Solicitor?

Yes — entirely legal in Scotland. However, the specific features of Scots law make professional guidance valuable. Common DIY pitfalls include:

• Failing to account for legitim, leaving children with grounds for a claim
• Incorrect subscription or witnessing, meaning the will is not self-proving
• Ambiguous residue clauses that leave part of the estate intestate
• No substitution provisions if a beneficiary dies before you

Swiftwills produces a self-proving, properly structured Scottish will — built around Scots law, at a fraction of solicitor cost, with no appointments needed.

14 Online Wills vs Solicitor Wills in Scotland

15 How to Make a Will Online With Swiftwills

1. Answer Questions Online

   Complete our guided form with clear explanations at each step — no legal jargon. Designed specifically for Scottish law.

2. We Prepare Your Will

   Your will is structured to comply with the Requirements of Writing (Scotland) Act 1995 and the specific requirements of Scots law.

3. Print and Deliver

   We'll print and post it to you for free, or you can download and print it at home. Clear signing instructions included.

4. Sign — and You're Done

   Subscribe on the last page and have one independent witness (aged 16+, not a beneficiary) sign and add their name and address. Your will is self-proving and legally valid.

16 How to Update or Change Your Will in Scotland

Review your will after marriage, divorce or separation, a new child, the death of a beneficiary or executor, a major change in your assets, or if a named charity changes its details. As a general rule, review every three to five years even if nothing obvious has changed.

17 Frequently Asked Questions