Updating Your Will in Scotland
Writing a will is not a one-off job. Life changes, and when it does, your will needs to keep up. This plain-English guide explains how to update your will in Scotland – when to do it, how to do it properly under Scots law, and what happens if your will is out of date when you die.
If you already know you need to update and want to get started, you can make a Scottish will online here for a fixed fee. Otherwise, read on.
Contents
- When to update your will
- How to update: new will vs codicil
- Can you update a will yourself?
- ScottishWill’s amendment policy
- What happens if your will is out of date
- Quick FAQs
1. When to Update Your Will
There is no fixed rule about how often to review your will. But certain life events mean you need to look at it straight away.
Consider updating your will if:
- You get married or enter a civil partnership – in Scotland, marriage does not automatically revoke your existing will (unlike in England), but it may no longer reflect your wishes
- You get divorced – your ex-spouse may still be named as a beneficiary or executor, which can cause real problems
- You have a new child or grandchild – you may want to add them as beneficiaries or appoint guardians
- You buy or sell a house – property is often the largest asset in a Scottish estate, and your will needs to reflect what you actually own
- Someone named in your will dies – if a beneficiary or executor passes away, your will needs updating to name a replacement
- Your financial situation changes significantly – inheritance, retirement, new business interests, or a large change in savings
- Your wishes change – it is as straightforward as that
A good rule of thumb: review your will every three to five years, even if nothing obvious has changed. People forget what is in their will, and small details can become big problems.
2. How to Update a Will in Scotland: New Will vs Codicil
Under Scots law, there are two ways to change your will.
Option 1: Make a new will
This is the most common and the cleanest approach. You write an entirely new will that revokes (cancels) the previous one. The new will replaces everything.
For most people, this is the better option. It avoids confusion, keeps everything in one document, and removes any risk of conflicting instructions between old and new paperwork.
Option 2: Add a codicil
A codicil is a separate legal document that amends part of your existing will without replacing the whole thing. Under Scots law, a codicil must be signed and witnessed in exactly the same way as a will – following the Requirements of Writing (Scotland) Act 1995.
A codicil can work for small, specific changes. For example, swapping one executor for another or adjusting a single cash gift.
That said, codicils can create problems. If you make several over the years, the paperwork becomes messy and harder for your executors to follow. There is also a risk that a codicil contradicts something in the original will without clearly revoking it.
In practice, most Scottish solicitors and will services – including ScottishWill – will produce a fresh will rather than a codicil. It is tidier, safer, and usually no more expensive.
3. Can You Update a Will Yourself?
Yes. In Scotland, there is no legal requirement to use a solicitor to write or update your will. You can do it yourself, provided the will is properly worded for Scots law and correctly signed and witnessed.
However, there are real risks with DIY updates:
- Crossing out sections or writing in the margins of an existing will can make it invalid or ambiguous
- A poorly worded codicil can contradict your original will
- If the signing and witnessing are not done correctly, the update may not be legally valid
For most Scottish families, using a guided service or a solicitor is worth the peace of mind. The cost of getting it right is far less than the cost of getting it wrong.
ScottishWill offers a guided online service that walks you through the process in about ten minutes, with your completed Will Pack delivered within two business days.
4. ScottishWill’s Amendment Policy
If you have already made your will through ScottishWill, updating it does not mean starting from scratch.
ScottishWill offers amendments for £49 within the amendment policy window. This covers changes like updating beneficiaries, changing executors, or adjusting specific gifts – without the cost of a full new will.
If your circumstances have changed significantly – for example, a divorce, remarriage, or major change in assets – it may make more sense to do a completely new will. A single will through ScottishWill costs £99, or £149 for mirror wills for couples.
Either way, the process is straightforward and guided. You do not need to visit a solicitor’s office or deal with complicated legal paperwork.
5. What Happens if Your Will is Out of Date When You Die?
An outdated will is still a valid will – as long as it was properly signed and witnessed. The problem is that it may not reflect what you actually want.
Here is what can go wrong:
- Named beneficiaries who have died – if your will leaves something to someone who has predeceased you and you have not named a substitute, that gift may fall into the residuary estate (the “rest” of everything after specific gifts) or be dealt with under intestacy rules
- An ex-spouse still named as executor or beneficiary – they may inherit assets or control the administration of your estate, even if that is the last thing you would want
- Children or grandchildren not mentioned – they may have a claim under Scotland’s legal rights provisions, but they will not receive what you might have intended
- Property you no longer own – if your will references a specific property you have since sold, that clause becomes meaningless
- No guardianship provision for young children – if you have had children since making your will and have not named a guardian in your will, the court will decide who looks after them
In the worst case, parts of your estate may be distributed under Scotland’s intestacy rules – which follow a fixed legal formula and may not match your wishes at all.
The message is clear: keeping your will up to date is one of the most important things you can do for your family.
Quick FAQs About Updating a Will in Scotland
Does getting married in Scotland revoke my will?
No. Unlike in England, marriage in Scotland does not automatically revoke an existing will. However, it is worth reviewing your will after marriage to make sure it reflects your new circumstances and wishes.
Can I update my will without a solicitor?
Yes. There is no legal requirement to use a solicitor to update your will in Scotland. You can write a new will yourself, use a guided online service like ScottishWill, or instruct a solicitor.
Is a codicil legally valid in Scotland?
Yes, provided it is signed and witnessed in accordance with the Requirements of Writing (Scotland) Act 1995 – the same rules that apply to the will itself. For most changes, a fresh will is the cleaner option.
How much does it cost to update a will in Scotland?
It depends on how you do it. A high street solicitor may charge £300-£600+ for a new will. ScottishWill offers amendments from £49 within the amendment policy, or a full new single will for £99. Mirror wills for couples are £149.
What happens if I cross out part of my existing will?
Crossing out, writing over, or amending a signed will by hand is not a reliable way to update it under Scots law. It can create ambiguity and may even invalidate parts of the document. It is always better to make a new will or a properly executed codicil.
How often do I need to update my will?
There is no legal requirement to review your will on a set schedule. However, many Scottish families find that reviewing every three to five years – or after any major life event – keeps things current and avoids problems.
Ready to Update Your Will?
If your situation is reasonably straightforward and you want a fixed cost and a clear process, you can start your Scottish will online here. The process usually takes around ten minutes, and your completed Will Pack is emailed to you within two business days.
If you have any questions at all, you can contact us – we’re here to help.