Start My Scottish Will

Are Online Wills Legal in Scotland? 

Yes — online wills are fully legal in Scotland. What matters in Scots law is
how your will is signed and witnessed, not whether it was drafted by a solicitor,
typed at home or created using an online service.

This plain-English guide explains when an online will is suitable, what the law actually requires,
and the situations where you might still want a Scottish solicitor. It is written for normal Scottish
families who want clarity, not jargon.

If you simply want to get your own will in place, you can
make a Scottish will online here for a fixed price.
Otherwise, read on and take your time.

Contents

1. Short answer – are online wills legal in Scotland?

In simple terms, yes. A Scottish will is usually valid if:

  • It is in writing (a printed document, not just on a screen).
  • It clearly sets out your wishes in a way that can be understood.
  • You sign it yourself, at the end of the document.
  • You sign the last page in front of one independent witness who also signs.
  • You have mental capacity and are not being pressured or forced.

The law does not say the will has to be drafted by a solicitor, or that it cannot be
created online. As long as the final document is suitable for Scots law and properly signed and witnessed,
it is generally valid.

Under the Requirements of Writing (Scotland) Act 1995, a will in Scotland is normally treated as
valid if the following conditions are met:

  • Age: You are at least 12 years old.
  • Capacity: You understand what a will is and what it does.
  • Writing: The will is in writing (typed and printed is fine).
  • Signature: You sign the will at the end of the document.
  • Witnessing: One witness is present when you sign and also signs.

Creating the draft online does not change these rules. The key steps still happen “on paper” at the
signing stage.

3. How an online Scottish will actually works

A modern online service, such as ScottishWill, simply replaces the blank page or generic template with a
guided questionnaire. The usual process is:

  1. You answer clear questions about your family, wishes and executors.
  2. The system builds a will using wording tailored for Scots law.
  3. Your completed Will Pack is emailed to you as a document to print and sign.
  4. You follow the signing instructions and arrange an independent witness.

The online part helps you get the wording right. The legal part comes from you
printing, signing and witnessing the document correctly.

4. Common myths about online wills

“Online wills aren’t properly legal.”

Not correct. The law focuses on your capacity, your signature and your witness – not on whether you used
a computer, a typewriter or a solicitor’s pen. If the document is suitable for Scots law and signed properly,
it is usually valid.

“You must use a solicitor for a will.”

Many Scottish families make perfectly valid wills without ever seeing a solicitor, particularly where their
estate is straightforward. Solicitors are most important when your affairs are complex or high-risk.

“Online wills are unsafe or easily challenged.”

Problems usually come from poor wording or bad signing, not from the fact that a laptop
was involved. A structured online process with clear Scottish wording is generally safer than copying
an England & Wales template and hoping for the best.

5. When an online will might not be suitable

There are situations where you should strongly consider using a Scottish solicitor instead of an online
service. For example:

  • Your estate is large or complex, or you expect inheritance tax issues.
  • You own property or significant assets outside the UK.
  • You are setting up trusts or protecting vulnerable beneficiaries.
  • You are trying to exclude a spouse, civil partner or child.
  • There are serious disputes or tensions in the family.

Online Scottish will services, including ScottishWill, are designed for
simple, sensible estates. If you are unsure whether your situation is suitable,
you can contact us with a quick question
before you start.

6. Witnessing rules for online wills

Even if you prepare the will online, the signing rules are the same as any other Scottish will. In general:

  • Your witness should be over 16 and have mental capacity.
  • They should be present in the same room when you sign the last page.
  • They should not be someone who is inheriting from the will, if you can avoid it.
  • They sign and add their name and address where indicated.

When you use ScottishWill, your Will Pack includes clear, step-by-step signing instructions tailored
specifically for Scotland.

7. Do online wills need to be registered?

No. A will in Scotland does not have to be registered to be legally valid. Registration
is optional and mainly about safe keeping.

What matters for validity is that:

  • The wording is suitable for Scots law.
  • The will is printed, signed and witnessed correctly.
  • The original signed document can be found when it is needed.

8. Ready to create a legally valid Scottish will?

If your situation is reasonably straightforward and you are comfortable answering simple questions about your
wishes, an online will is often the quickest and most affordable way to put proper protection in place.

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 would like to understand more about how the wider process works, you can read our
Scottish Wills Guide or learn
more about ScottishWill here.

Related Scottish Will Guides

These detailed plain-English guides give you deeper answers on specific Scottish will topics: