Drafting a Will is crucial to ensure your property, finances and personal belongings are distributed exactly as you intend after you pass away. In Scotland, there are strict legal formalities — such as writing, signing and witnessing requirements — that must be met for your Will to be valid. Some of these rules differ from those in England and Wales or Northern Ireland, so it’s important to follow Scottish-specific guidance.
Why Make an Online Will?
Making an online Will allows you to decide exactly how your estate — whether that’s your savings, your home, or treasured possessions like jewellery or a car — s distributed after you die, rather than leaving those decisions to default rules. When you record your wishes clearly, you ensure that the people you care about most are provided for in the way you intend, giving you the reassurance that comes from knowing your affairs are in order. In the absence of a valid Will, your estate will be divided according to Scotland’s intestacy laws, which may not reflect your preferences or take into account the needs of particular loved ones.
Despite the importance of having a legally binding Will, around two-thirds of adults in Scotland have yet to make one. Without a Will in place, family members and friends can be left facing the emotional burden of uncertainty and the practical difficulties of administering an estate without guidance. By drawing up an online Will today, you can spare your loved ones unnecessary stress and ensure your final wishes are respected.
How to Make a Will in Scotland
In Scotland, there are two main ways to make a Will. You can:
- Write your own Will online:
It’s perfectly legal to draft your own Will using an online service. Platforms like Swiftwills guide you step by step through the process, automatically producing a document that fulfils Scots law formalities — often more affordable and quicker than traditional methods.
- Engage with a solicitor:
If your estate is complex (for example, you own multiple properties, have business interests, or need to plan around “legal rights” claims), a solicitor can tailor your Will, advise on inheritance tax planning, and ensure your wishes are iron-clad.
Considerations for Making a Will in Scotland
When making an Scottish Will with our online service, your legal document covers these important considerations:
- Legal requirements:
Your Will must be in writing, signed by you (the testator) in the presence of two independent witnesses, who then sign to confirm they saw you execute the document. Failure to follow these formalities can render your Will invalid.
- Intestacy rules:
Scottish law grants “legal rights” to spouses, civil partners and certain children — fixed shares of your moveable estate — regardless of what your Will says. If you die without a valid Will, the rules of intestacy determine who inherits, which may not match your intentions.
- Specific legacies:
If you want particular items (jewellery, family heirlooms, sums of money) left to named individuals or charities, you must list those gifts explicitly. You should also include backup beneficiaries in case your first choice predeceases you.
- Executor appointment:
You need to name one or more executors — trusted people or a professional firm — to collect your assets, pay debts and distribute what remains to your beneficiaries. Choose someone organised, reliable and willing to take on the responsibility.
- Trusts and guardianships:
If you have minor children, you can nominate guardians to care for them. You may also set up trusts to manage assets for beneficiaries under 18 or for vulnerable dependants.
Next Steps
- Gather information: List assets, beneficiaries, and special items.
- Choose your route: Decide between an online service or a solicitor.
- Complete and sign: Draft, print, sign, and witness your Will.
- Store securely: Keep the original Will in a safe place and inform your executors.
Don’t leave your legacy to chance. Create your Will today and secure peace of mind for you and your loved ones.