How to Write a Scottish Will: Complete Plain English Guide

This guide explains, in straightforward Scottish plain English, how to write a legally valid will for Scotland, who needs one, how to sign it properly, and the practical steps to follow before you put pen to paper. It is written for normal Scottish families who want clarity, not legal jargon.

If you simply want to get your own will in place, you can start your Scottish will online here for a fixed fee using ScottishWill. If you prefer to understand the process first, take your time and work through this guide.

For a wider overview of Scottish wills, including costs, signing rules and storage, you can also read our main Scottish Wills Guide.

Contents

1. What is a Scottish will and who needs one?
2. The legal basics of a valid Scottish will
3. Key roles in a Scottish will
4. Step by step: planning your Scottish will
5. How to write your will: options and approaches
6. How to sign a Scottish will correctly
7. Where to store your will and when to update it
8. Frequently asked questions about writing a Scottish will
9. Useful links and further reading

1. What is a Scottish will and who needs one?

A will is a written document that sets out what should happen to your money, property and possessions after you die, and who you want to handle everything on your behalf. When we talk about a Scottish will, we mean a will that is intended to be valid under Scots Law, not the law of England and Wales.

In your will, you can:

• Choose who should inherit your estate and in what shares.
• Appoint one or more executors to manage everything after your death.
• Appoint guardians to look after any children under 16.
• Leave particular items or sums of money to specific people or charities.
• Record any funeral preferences and other personal wishes.

In Scotland, many people still assume that writing a will means going to a solicitor and paying several hundred pounds. The law does not say you must use a solicitor. It says your will must be clear, properly written, and properly signed.

You will usually benefit from having a will if:

• You own a home or any heritable property in Scotland.
• You live with a partner, whether married, in a civil partnership or cohabiting.
• You have children, stepchildren or other dependants.
• You want specific people, not the default intestacy rules, to inherit your estate.
• You want to make life easier and clearer for those left behind.

If you die without a will, your estate is dealt with under the Scottish rules of intestacy. These rules are set out mainly in the Succession (Scotland) Act 1964 and later legislation. They decide who gets what and in what order, which may not match what you would have chosen. We have a separate page that looks at this in more detail at Intestacy in Scotland.

2. The legal basics of a valid Scottish will

Scots Law has its own rules for what counts as a valid will. For a straightforward written will, the main points are usually:

• The will is in writing, normally a printed document rather than only on a screen.
• It clearly sets out who you are and what your wishes are.
• You have mental capacity and are not being pressured.
• You sign it, usually on every page, with a full signature on the final page.
• You sign the final page in the presence of one independent witness who also signs.

A few important Scottish features to be aware of:

• In Scotland, a person can usually make a will from the age of 12, although most people wait until adulthood.
• Only one witness is normally required in Scotland, compared with two witnesses in England and Wales.
• There are special rules about the legal rights of spouses, civil partners and children to part of the moveable estate, which can apply even if your will says something different.

This guide is for simple and sensible estates. It is not legal advice and it is not written to deal with complex tax planning, business structures or high risk disputes. If you have complicated circumstances, large assets or potential family conflict, you should speak to a Scottish solicitor before relying on any will.

For more background, our main Scottish Wills Guide explains how legality, signing and costs fit together.

3. Key roles in a Scottish will

Before you start writing your will, it helps to understand the common roles and terms you will see. These are used across Scotland and in most Scottish will templates.

3.1 Testator

The testator is the person making the will. That is you. Your will should clearly state your full name, address and sometimes your date of birth so there is no doubt who the document belongs to.

3.2 Executors

Your executors are the people who will be responsible for dealing with your estate after you die. They collect in assets, pay any debts and distribute what is left to your beneficiaries. In Scotland, an executor must be at least 16 and have mental capacity.

Many people choose:

• A spouse or civil partner.
• A trusted adult child, sibling or close friend.
• Sometimes a professional firm, for example a solicitor or accountant.

It is usually sensible to appoint at least two executors, or one main executor plus a substitute. That way there is someone else to act if one person is unable or unwilling. You can read more about executors and how to choose them in our focused guide at Executors in Scottish Wills.

3.3 Beneficiaries

Beneficiaries are the people or organisations who will receive something from your estate. This could be a share of everything, a specific item or sum, or a charitable gift. You can name family members, friends, charities or anyone else you choose, subject to the legal rights rules that protect spouses, civil partners and children.

3.4 Guardians

If you have children under 16, your will is the best place to appoint one or more guardians. These are the people you would trust to make decisions about your children’s upbringing if both parents died or could not act.

A guardian does not have to be the same person as your executor, although sometimes people choose the same individual or couple. You can learn more and think through the practicalities in our guide Guardians in Scottish Wills.

3.5 Witness

The witness is the person who watches you sign the final page of your will and then signs to confirm they saw you do so. In Scotland it is good practice for the witness to be over 16, independent, and not someone who is receiving a benefit from the will. This keeps things simple if the will is ever examined by the court.

We have a separate page which gathers these roles together and explains common clauses in more detail at Scottish Will Roles and Clauses.

4. Step by step: planning your Scottish will

Most people find it easier to plan their will in stages rather than trying to write everything at once. The steps below are the same ones we use in our own online intake process.

4.1 Gather a simple picture of your estate

You do not need a full balance sheet or valuation report. A rough list is normally enough for a simple will. For example:

• Your home or any other properties you own, in Scotland or elsewhere.
• Bank and building society accounts.
• Pensions and life policies.
• Shares, investments or savings plans.
• Any business interests.
• Cars, jewellery, collections or other items of real value.

This overview helps you judge whether you are dealing with a straightforward estate or something more complex. If you find yourself listing several properties, larger business assets or high value investments, you may want to speak to a solicitor before you finalise anything.

4.2 Decide who you want to provide for

Next, think about who you want to benefit from your estate. Common groups include:

• Your spouse, civil partner or long term partner.
• Your children, stepchildren or grandchildren.
• Other close relatives such as parents or siblings.
• Friends or other individuals who are important to you.
• Charities or causes you wish to support.

If you are married or in a civil partnership, many people in Scotland choose a simple pattern. Everything goes to the spouse or partner if they survive, and if they do not, the estate passes to the children in equal shares. If you want a different split, write it down clearly so there is no confusion.

4.3 Choose your executors

Your executors are central to how smoothly things run after your death. When deciding who to appoint, ask yourself:

• Is this person practically minded and reasonably organised.
• Do I trust them to act in a fair and sensible way.
• Are they likely to be able to act when the time comes, given their age and health.
• Would it help to appoint two executors so they can share the work.

You can appoint a professional firm, but this can add cost. Many Scottish families prefer to appoint two trusted individuals and allow them to seek professional help when needed.

4.4 Plan for children and guardians

If you have children under 16, your will is a key place to record whom you would prefer to look after them if both parents die. When choosing guardians, think about:

• Values and parenting style.
• Age, health and stability.
• Where they live and how that would affect schooling and family contact.

Guardians do not have to be perfect or wealthy. They simply need to be people you would trust to put your children’s interests first. You can also name substitute guardians in case your first choice cannot act.

4.5 Decide on specific gifts

Many Scottish wills include a small number of specific legacies. Examples include:

• A fixed amount of money to a child or grandchild.
• A particular piece of jewellery, art or family heirloom.
• A donation to a Scottish charity you support.

Keep this list short and clear. Too many small gifts can complicate the administration of the estate. Think about what you would want to happen if the person you name dies before you. In our system we ask this question directly because it is often missed.

4.6 Decide how to deal with the rest of your estate

Whatever is left after any debts, costs and specific gifts is often called the residue or residuary estate. You should say clearly who should receive this and in what shares. Common patterns include:

• Everything to a spouse or partner, then to children if the spouse or partner dies first or with you.
• Equal shares between children or other relatives.
• A mixture of family members and charities in agreed percentages.

Be precise. For example, instead of saying one child gets more because they have helped you, you may want to record a clear percentage split. This is kinder to the family than leaving wording that can be argued about.

4.7 Funeral wishes and other personal notes

You can include short guidance in your will about how you would like your funeral to be handled. For example:

• Burial or cremation preference.
• Any wishes about religion or style of ceremony.
• Any particular music or readings.

These wishes are not always legally binding, but they give your family and executors clear guidance at a difficult time. Some people prefer to keep detailed wishes in a separate Letter of Wishes rather than in the will itself. A letter of wishes can be updated more easily and kept alongside the will.

5. How to write your will: options and approaches

Once you have thought through your wishes, there are three main ways people in Scotland typically create the written will.

5.1 Using a Scottish solicitor

A solicitor can be a good choice if your estate is complex, if there are likely to be disputes, or if you need detailed tax or trust planning. The main advantages are:

• Personal advice tailored to your circumstances.
• Help with legal rights, inheritance tax and more complex structures.
• Storage of the original will if you prefer.

The main downside for simple estates is cost. Basic Scottish wills often cost several hundred pounds. If you are not sure whether you need a solicitor, the Law Society of Scotland and the Scottish Legal Complaints Commission both have public guidance.

5.2 DIY and free templates

Some people use free templates or buy a will form from a shop or website. This can work, but there are real risks, especially when templates are written for England and Wales rather than Scotland. Common problems include:

• Using the wrong legal wording for Scots Law.
• Missing key clauses about executors, guardians or what happens if someone dies first.
• Not understanding legal rights or how they interact with the will.
• Signing in a way that creates doubt later on.

If you are interested in templates, we have a separate guide that compares DIY templates, solicitors and online services at Scottish Will Templates Guide. It is designed to be neutral and to help you choose the right route for your situation.

5.3 Guided online Scottish will services

A modern option is a guided online service that asks you plain English questions and then prepares a Scottish will based on your answers. This sits between DIY and a full solicitor service. The main advantages are:

• Fixed price, usually much lower than a full solicitor service.
• Questions in everyday language rather than legal jargon.
• Faster turnaround, with documents usually delivered within a few days.

ScottishWill is designed as one of these services for simple Scottish estates. You answer a clear guided form, we prepare your will under Scots Law, a trained human reviews it, and you receive a Will Pack with signing instructions. You can see how this works on our About Us page, or if you are ready to begin, you can start your will here.

6. How to sign a Scottish will correctly

Even a well written will can create problems if it is not signed properly. In Scotland, the usual approach for a straightforward written will is:

• Print the complete will, including every page.
• Sign or initial each page where indicated.
• On the final page, sign your full name where it says you are the testator.
• Have your witness in the room with you when you sign the final page.
• The witness then signs in the space provided and adds their address and occupation.

Your witness should be independent, over 16 and of sound mind. It is usually safer to avoid using someone who is inheriting under the will or their partner as the witness, to keep things as clean as possible.

When you use ScottishWill, your Will Pack includes a clear, step by step signing guide tailored for Scotland. If you follow those steps, you should be within the normal expectations for a valid Scottish will.

7. Where to store your will and when to update it

Once your will is written and signed, the next question is where to keep it so that it can be found when needed. Common options in Scotland include:

• A clearly labelled folder at home in a safe but accessible place.
• With a trusted executor or family member.
• In a home safe, provided someone else has access details.
• With a solicitor or a will storage service, if you choose to use one.

Tell your executors where the original signed will is stored and avoid scattering different versions around. If you keep copies, mark them as copies so there is no confusion about which document is the original.

You should consider reviewing your will when there is a major change in your life, for example:

• Marriage, civil partnership or separation.
• The birth or adoption of a child or grandchild.
• Buying or selling a property.
• A significant change in your finances.
• Death or serious illness of someone named in the will.

In many cases, it is simpler to make a new will that revokes the old one rather than trying to bolt on changes. For complex updates, or where there might be family tension, a solicitor’s advice can be very useful.

8. Frequently asked questions about writing a Scottish will

8.1 Is an online Scottish will as legal as one from a solicitor?

If a will is correctly drafted for Scots Law and properly signed and witnessed, it can usually be legally valid whether it was created online, typed at home or drafted by a solicitor. The difference lies in the quality of the wording and how well it fits your circumstances. Online services like ScottishWill are designed for simple, sensible estates, not for complex tax or trust planning.

8.2 Can I use an English or generic UK will template?

A template that is written for England and Wales may not fully match the requirements of Scots Law. The signing rules are different, the terminology can differ, and the way legal rights work for spouses and children is not the same. If you live in Scotland or own heritable property here, it is safer to use wording that has been drafted specifically for Scotland.

8.3 Do I need a solicitor to witness my will?

No. In Scotland, your witness can be any independent adult with capacity who sees you sign the final page. It does not need to be a solicitor or notary. Many people ask a neighbour, colleague or friend who is not mentioned in the will to act as witness.

8.4 What if I change my mind later?

You can make a new will at any time so long as you have capacity. The new will normally states that it revokes all previous wills and testamentary writings. That way there is a single up to date document. It is a good habit to reread your will every few years, or after major life events, to check it still reflects what you want.

8.5 What if my situation is not simple?

If you have significant business assets, property in other countries, a very large estate or a complicated family situation, you should speak to a Scottish solicitor before relying on any will. Services like ScottishWill are not a substitute for full legal advice in those cases. Our aim is to provide a clear, affordable option for straightforward Scottish wills.

9. Useful links and further reading

If you would like to read more around the subject, these public resources may be helpful:

• mygov.scot guidance on wills and succession for general Scottish Government information.
• Law Society of Scotland for information about solicitors and legal services.
• Scottish Legal Complaints Commission for guidance on standards and complaints.
• Succession (Scotland) Act 1964 for the main intestacy rules in full legal wording.
• Our own overview at Scottish Wills Guide for a broader summary of Scottish wills in 2025.

Remember that these resources are general guides. They are not a substitute for legal advice tailored to your personal circumstances.

ScottishWill is powered by WillWise and operated by PCMG Consulting Services Ltd, registered in Scotland. We provide a guided document preparation service for straightforward Scottish wills. We are not a law firm and we do not provide regulated legal advice. If you are unsure whether this service is suitable for you, please seek independent legal advice.