The ScottishWill guide
Scottish Will vs English Will: Key Differences (2026 Guide)
A home in Scotland. Family in England. A will that needs to work for both.
Understanding a Scottish will vs an English will starts with the signing rules, family inheritance rights and the property each document covers.
This guide explains the differences for people living in Scotland, moving across the border or owning property in both countries. For straightforward Scottish circumstances, you can make a Scottish will online here for a fixed price.
Contents
- 1. The short answer
- 2. Two separate legal systems
- 3. Side-by-side: Scotland vs England
- 4. Signing and witnessing
- 5. Confirmation vs Probate
- 6. Legal Rights and Prior Rights in Scotland
- 7. Family provision claims (1975 Act)
- 8. Cohabitants in Scotland
- 9. Inheritance Tax: the same UK-wide
- 10. Cross-border families: which will do you need?
- 11. When to speak to a Scottish solicitor
- 12. Quick FAQs about Scottish wills vs English wills
1. The short answer
A Scottish will and an English will follow different rules, but an English will is not automatically invalid in Scotland. Your domicile, the location of your property and the wording of any existing will all matter.
If you live in England and own a home or other land in Scotland, you can have a will limited to your Scottish property. It must work alongside any other will, with clear boundaries and carefully coordinated revocation clauses. Two wills are an option, not a requirement for everyone.
For a straightforward Scottish estate, a will prepared for Scots Law is often a practical fit. Cross-border estates need an individual review, including the executor arrangements.
2. Two separate legal systems
Scotland and England & Wales have separate succession laws. Scottish will formalities are principally set out in the Requirements of Writing (Scotland) Act 1995. The Succession (Scotland) Act 1964 contains important rules on inheritance and intestacy.
Cross-border cases need two further distinctions. Succession to land and buildings generally follows the law where they are located. Succession to moveable assets, such as money and investments, generally follows the law of the deceased’s domicile at death.
Domicile is a legal connection to a country. It is not necessarily the same as where you currently live. Moving house across the border does not, by itself, settle every inheritance question.
Formal recognition is a separate question: section 1 of the Wills Act 1963 allows wills executed under certain other laws to be recognised. Recognition does not decide every question about who inherits.
3. Side-by-side: Scotland vs England
A quick comparison of the usual domestic rules. Cross-border recognition and individual circumstances can change how they apply.
| Topic | Scotland | England & Wales |
|---|---|---|
| Signing and witnessing | Signing at the end meets the ordinary paper-will execution requirement. One witness is standard practice for a self-proving will; further requirements apply. | The signature must be made or acknowledged before two witnesses together. Each witness then signs or acknowledges their signature in the testator’s presence. |
| Executor process | Confirmation from the Sheriff Court, where required. | Probate, or another grant of representation, where required. |
| Family inheritance rights | Legal Rights protect a spouse, civil partner and children through claims on the net moveable estate when Scots Law applies. | Greater freedom to choose beneficiaries, subject to eligible claims under the 1975 Act. |
| Prior Rights (intestacy) | A spouse or civil partner has priority rights to a home, furnishings and money, subject to conditions and limits. | Different intestacy rules determine the spouse or civil partner’s share and any share for children. |
| Family provision claim | The 1975 Act does not extend to Scotland. Scottish Legal Rights have a different scope. | Eligible applicants can ask the court for reasonable financial provision where the deceased was domiciled in England & Wales. |
| Cohabitants | An eligible survivor may apply under section 29 on intestacy. The current deadline is six months from death. | No automatic intestacy share. Some cohabitants qualify for a 1975 Act claim. |
| Inheritance Tax | UK-wide rules. Basic nil-rate band £325,000; standard rate 40% on the taxable portion, subject to reliefs and exemptions. | The same UK-wide rules, allowances and exemptions. |
4. Signing and witnessing
For an ordinary paper will under Scottish formalities, signing at the end is the central execution requirement. A witness is not required for that formal validity. This does not remove other requirements, such as the person’s capacity and intention to make a will.
Witnessing is nevertheless standard practice. A probative, or self-proving, will benefits from a presumption that it was signed by its maker. The rules include the witness’s signature, name and address. A will with more than one sheet also needs the maker’s signature on every sheet for that presumption.
In England and Wales, the maker signs or acknowledges their signature in the presence of two witnesses together. Each witness must sign or acknowledge their own signature in the maker’s presence. The witnesses do not have to do this in each other’s presence.
Sources: Requirements of Writing (Scotland) Act 1995, section 2 and section 3; Wills Act 1837, section 9.
Follow the signing instructions supplied with your will. See how to sign a will properly in Scotland for the practical steps.
5. Confirmation vs Probate
After a death, a court grant may be needed to collect assets and administer the estate. The terminology differs:
Scotland
Confirmation
The executor applies to the Sheriff Court.
England & Wales
Probate
A grant of probate is used where there is a will and an acting executor. Other cases may need letters of administration.
Not every estate needs a grant. For cross-border estates, do not assume that two separate applications are always required. An English grant noting the deceased’s English and Welsh domicile can have effect over Scottish property under section 3 of the Administration of Estates Act 1971.
The executor should check the assets, domicile and grant requirements. Read our guide to executors in Scottish wills for more on the role.
6. Legal Rights and Prior Rights in Scotland
Legal Rights allow a surviving spouse or civil partner and children to claim shares of the net moveable estate when the Scottish rules apply. Moveable assets include money, investments and possessions, but not land or buildings. A will cannot defeat these claims.
These rights apply whether or not there is a will. They do not guarantee an inheritance from a house, and the amount available depends on the estate. An unmarried partner does not have a spouse’s Legal Rights.
Source: HMRC’s explanation of Scottish Legal Rights.
Prior Rights apply on intestacy
Prior Rights arise where all or part of an estate passes without being disposed of by a valid will. The test is not whether the will is labelled Scottish or English. Subject to the statutory conditions, a surviving spouse or civil partner has priority rights to:
- £473,000A qualifying home owned by the deceased, up to this value. Above the limit, a cash entitlement applies instead.
- £29,000Furniture and furnishings from the qualifying home, up to this value.
- £50,000 / £89,000Money: £50,000 with surviving children; £89,000 without.
The home must meet the residence conditions. Prior Rights are met before Legal Rights and may use up the intestate estate.
These are the current amounts listed by HMRC’s Prior Rights guidance, checked on 15 September 2026. See our guide to intestacy in Scotland for more detail.
7. Family provision claims (1975 Act)
The Inheritance (Provision for Family and Dependants) Act 1975 allows eligible applicants to seek reasonable financial provision where the deceased was domiciled in England and Wales.
Potential applicants include a spouse or civil partner, children, certain former partners, qualifying cohabitants and people maintained by the deceased. Eligibility and the court’s assessment matter; an award is not automatic.
The Act does not extend to Scotland. Scottish Legal Rights are a different form of protection, with a narrower group of claimants and a claim against moveable assets. They are not a like-for-like substitute for every English family provision claim.
See section 1 for eligibility and section 27 for territorial extent. Cross-border claims need specialist advice.
8. Cohabitants in Scotland
An unmarried partner does not inherit automatically simply because the couple lived together. Under section 29 of the Family Law (Scotland) Act 2006, an eligible surviving cohabitant can ask the court for money or property from the net intestate estate.
The deceased must have been domiciled in Scotland and cohabiting with the survivor immediately before death. The award is discretionary and cannot exceed the entitlement the survivor would have had as a spouse or civil partner.
Act promptly after a death.
The current application deadline is six months from the date of death. A change to twelve months has been legislated for, but section 78 of the Trusts and Succession (Scotland) Act 2024 is still marked prospective as checked on 15 September 2026.
A valid will that expressly provides for your partner can reduce reliance on an intestacy claim. Read our guide to cohabiting couples and wills in Scotland.
9. Inheritance Tax: the same UK-wide
Inheritance Tax (IHT) is a UK-wide tax administered by HMRC. There is no separate Scottish inheritance tax.
- The basic nil-rate band is £325,000.
- The standard rate is 40% on the taxable portion of an estate after applicable allowances and exemptions.
- Spouse or civil partner exemptions, charity exemptions and the residence nil-rate band can affect the amount payable, subject to their conditions.
Calling a will Scottish or English does not change the UK tax regime. However, who receives the assets and how gifts or trusts are structured in the will can affect the tax bill.
Source: GOV.UK’s Inheritance Tax overview.
10. Cross-border families: which will do you need?
You live in Scotland
A Scottish will is often a practical choice for a straightforward Scottish estate. Check any assets elsewhere and any existing wills before deciding its scope.
You moved north with an English will
Arrange a review. Moving does not automatically invalidate it or necessarily change your domicile. The will may still work, need updating, or be better replaced.
You live in England but own property in Scotland
You can have a separate will covering only your Scottish property. Another will can deal with the rest of your estate. Both must clearly define what they cover and avoid accidentally revoking or conflicting with each other.
You expect to inherit Scottish property
Review your own will when the inheritance is confirmed. The property’s location, how you own it and the scope of your existing will all matter.
Two wills. Clearly defined responsibilities.
An example for someone living in England who owns Scottish property.
Two wills are not always necessary. This illustrates an option to discuss with a solicitor, rather than a rule for every cross-border estate.
For a practical explanation of asset location, domicile and coordinated wills, see Hegarty solicitors’ Scottish and English wills Q&A.
For straightforward Scottish circumstances, you can start your Scottish will online here. If you need a will restricted to Scottish property, contact us first so the intended scope can be checked.
11. When to speak to a Scottish solicitor
An online Scottish will can suit a straightforward estate. Get individual advice where:
- You have assets or existing wills on both sides of the border
- You need a will restricted to Scottish property
- Your domicile is uncertain
- You own a business, want a trust or have complex investments
- You expect an inheritance dispute or need tax planning
This guide is general information about Scots Law, not individual legal advice. For a fuller overview, see our Scottish Wills Guide.
Quick FAQs about Scottish wills vs English wills
Is my English will valid in Scotland?
It may be recognised under the Wills Act 1963. Formal validity, the law governing inheritance and the executor’s grant are separate questions. Have it reviewed if you move or own assets across the border.
Do I need two witnesses for a Scottish will?
Usually, no. For an ordinary paper will under Scottish formalities, one witness is standard practice for a self-proving document. Follow the full signing instructions, including signing every sheet where required.
Does Scotland have Probate?
The Scottish court grant is called Confirmation. An English grant can also have effect in Scotland where the statutory recognition requirements are met.
Can I disinherit my spouse or children in a Scottish will?
A will cannot defeat their Legal Rights when the Scottish rules apply. Those rights concern the net moveable estate, not land and buildings. The assets available and the family circumstances affect the entitlement.
Is Inheritance Tax different in Scotland?
No. The same UK-wide regime applies, including the £325,000 basic nil-rate band, the standard 40% rate on the taxable portion, and applicable reliefs and exemptions.
We cohabit in Scotland. Does an English will protect my partner?
A valid, recognised will can provide for your partner if it actually leaves them the intended assets. The label alone does not protect them. Without effective provision, a survivor may have to consider a time-limited intestacy claim.
A clear next step
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Questions, or property on both sides of the border? Contact us and we’ll help you find the right next step.