Start My Scottish Will

Executors in Scottish Wills: Plain-English Guide (Scots Law 2025)

This guide explains everything you need to know about choosing an executor in Scottish wills — including who you can appoint, what an executor actually does, how many you need, who cannot act, and how executors work when there is more than one. It is written for normal Scottish families who want clear answers, without legal jargon. If you simply want to put your own will in place, you can create a Scottish will online here for a fixed price. Otherwise, take your time and read on.

Contents

1. What is an executor in a Scottish will?

An executor is the person responsible for dealing with your estate after you die. They make sure your wishes are followed, debts are paid, assets are collected, and everything is distributed properly. Executors play a central role in every Scottish will. They effectively act as your “personal representative” and handle everything from bank accounts to property paperwork. Under Scots law, the role of executor is recognised under the Succession (Scotland) Act 1964 and supported by court processes such as Confirmation.

2. Who can be an executor in Scotland?

In Scotland, almost anyone can be an executor as long as they:
  • are over the age of 16
  • have mental capacity
  • are willing to act
Common choices include:
  • a spouse or partner
  • adult children
  • a sibling
  • a close friend
  • a trusted colleague
Many people choose their partner as primary executor and add a second person as a substitute or joint executor. If you want a simple, guided way to appoint executors and create your will, you can use the ScottishWill online process.

3. What does an executor actually do?

The duties of an executor in Scotland include:
  • securing property and assets
  • notifying banks, pension providers and insurers
  • paying debts, bills and funeral costs
  • collecting financial information
  • applying for Confirmation if required
  • distributing the estate to beneficiaries
  • keeping accurate records
Executors are expected to act honestly, responsibly and in line with Scots law. They do not need legal experience — most executors are simply family members carrying out straightforward tasks. For more background, Citizens Advice Scotland provides general guidance on executors: Citizens Advice Scotland – Wills.

4. Can I appoint more than one executor?

Yes. Most Scottish wills appoint either:
  • one sole executor, or
  • two or more joint executors
Joint executors share responsibility and must usually act together. Advantages of having more than one executor:
  • extra support if the estate is complex
  • a backup if one is unavailable
  • reduces workload on one person
Typical setups include:
  • spouse + adult child
  • two siblings
  • friend + professional (if needed)

5. Should I appoint a substitute executor?

Yes — appointing a substitute executor is strongly recommended. A substitute executor steps in if your primary executor:
  • dies before you
  • is unable or unwilling to act
  • is too ill to manage the estate
Most ScottishWill customers appoint:
  • partner as primary executor
  • trusted family member as substitute executor

6. Who cannot act as an executor?

The list is short. Under Scots law, someone usually cannot act as an executor if they:
  • are under 16
  • lack mental capacity
  • are declared bankrupt (practical difficulties)
  • are in prison (practical difficulties)
  • refuse to act
Most adults can legally act as executors, even if they are not family members.

7. Can an executor also be a beneficiary?

Yes. This is very common in Scotland. Your spouse, partner or children can be both executors and beneficiaries. It does not invalidate the will, and Scottish courts accept this as standard practice.

8. What age must an executor be in Scotland?

In Scotland, an executor must be at least 16 years old. (England & Wales require executors to be 18 or older.) This difference is one reason to use a service that is specific to Scots law.

9. Can an executor witness the will?

Yes — but it is better to avoid it. An executor can legally witness a Scottish will, but good practice is to choose a witness who:
  • is independent
  • is not inheriting from the will
  • is simply present to confirm the signature
A neighbour, colleague or family friend is ideal. For full signing guidance, see the How to Write a Scottish Will guide.

10. Executors and “Confirmation” in Scotland

Confirmation is the Scottish legal process that gives executors the authority to collect and distribute the estate. It is similar to “probate” in England & Wales. Executors may need to apply for Confirmation if:
  • property is involved
  • banks require it
  • the estate is over certain thresholds
  • there are multiple accounts or investments
Guidance is available on the Scottish Courts website: Scottish Courts – Dealing with a deceased’s estate.

11. When should you consider a professional executor?

A professional executor (usually a solicitor) may be useful if:
  • your estate includes business assets
  • you own property abroad
  • there are family disputes
  • you expect a challenge to the will
  • there are trusts or complex arrangements
For most simple estates, a trusted family member is perfectly suitable.

12. How to choose the right executor

When choosing an executor for a Scottish will, consider whether they are:
  • responsible and organised
  • good at paperwork
  • comfortable dealing with practical tasks
  • trustworthy with financial matters
  • local (helpful, but not essential)
Most people choose:
  • partner or spouse
  • an adult child
  • a reliable sibling
  • a close friend

13. Quick FAQs about executors in Scottish wills

Do executors get paid?

Family executors usually do not take payment, but they can claim reasonable expenses.

Can an executor refuse to act?

Yes — they can decline the role. A substitute executor then steps in.

Can I remove an executor later?

Yes — by making a new will. Each new will you sign replaces the previous one.

Do executors have to use a solicitor?

No. They may choose to, but it is not required.

Ready to put your own Scottish will in place?

If after reading this guide you feel clearer about who to appoint as executor, you can begin your own will online using our guided Scottish process:

Ready to put your own Scottish will in place?

If your situation is reasonably straightforward and you want a clear, fixed price way to protect your family, you can start your Scottish will online with ScottishWill. The guided form usually takes around ten minutes and your Will Pack is emailed within two business days.

Start My Scottish Will Now
If you have any questions before starting, you can contact us any time — we’re here to help.