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Do I Need a Solicitor to Make a Will in Scotland?

Many people in Scotland assume that making a will automatically means going to a solicitor. In reality, that is not always necessary. Whether you need a solicitor depends on how complex your situation is, what you own, and how confident you feel handling the process yourself.

This guide explains when you do need a Scottish solicitor, when you usually do not, and how online Scottish will services fit in between.

Short answer

No — you do not always need a solicitor to make a will in Scotland. A will can be legally valid even if it is not drafted by a solicitor, as long as it:

  • Is written for Scots law.
  • Clearly sets out your wishes.
  • Is signed and witnessed correctly.

The key question is not “is a solicitor required?” but rather “is my situation simple enough to handle without one?”

When you usually do NOT need a solicitor

Many Scottish families have straightforward estates and do not need full legal advice. You may be fine without a solicitor if:

  • You have a simple estate (home, savings, pension, no business assets).
  • You want to leave everything to your partner, then to children.
  • You do not own property outside the UK.
  • You are not trying to exclude close family members.
  • You are comfortable reading and checking a clear written document.

In these situations, people often use either:

  • A guided online Scottish will service, or
  • A carefully chosen Scottish will template.

If you want background on how Scottish wills work in general, see our Scottish Wills Guide.

When you SHOULD use a Scottish solicitor

There are situations where professional legal advice is strongly recommended. You should speak to a Scottish solicitor if:

  • Your estate is large or likely to face inheritance tax issues.
  • You own a business, shares, or complex investments.
  • You own property or assets outside the UK.
  • You want to set up trusts.
  • You have a blended family or expect disputes.
  • You plan to disinherit a spouse, civil partner, or child.

In these cases, the cost of a solicitor is usually small compared to the risk of getting things wrong.

What about online Scottish will services?

Online Scottish will services sit between DIY templates and solicitors. They are designed for people with simple or moderately simple estates who want:

  • A fixed price.
  • Scottish-specific wording.
  • A guided question-and-answer process.
  • Clear signing instructions.

An online will is generally legal in Scotland if it is properly worded and signed. You can read more about this here: Are Online Wills Legal in Scotland?

Solicitor vs online service vs DIY template

For simple Scottish wills, the differences usually come down to cost, support, and risk tolerance:

  • DIY templates: Lowest cost, highest responsibility on you.
  • Online Scottish services: Fixed price, guided structure, no appointments.
  • Solicitors: Highest cost, full advice, best for complex estates.

If you are comparing costs, see our full breakdown: How Much Does a Will Cost in Scotland?

Common mistakes when skipping a solicitor

People who avoid solicitors sometimes run into problems not because they avoided legal advice, but because they:

  • Used wording meant for England and Wales.
  • Did not understand executors or substitute beneficiaries.
  • Signed the will incorrectly.
  • Did not update the will after major life changes.

Most of these issues are avoidable with clear guidance and careful checking.

So — do you need a solicitor?

If your situation is complex, emotional, or high value — yes, a solicitor is usually the right choice.

If your situation is straightforward and you want a clear, fixed-price way to put a valid Scottish will in place, you may not need one.

If you want a structured, Scottish-specific approach without solicitor appointments, you can make a Scottish will online here.

Related Scottish Will Guides