Scottish Wills Guide: Everything You Need to Know (2025 Guide)

This plain-English guide explains the essentials of making a legally valid will in Scotland — including the legal rules, how to sign it properly, what it should cost, whether online wills are safe, and the common mistakes to avoid. 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. If you want to understand who we are and how the service works, you can read more about ScottishWill here.

1. What makes a will legal in Scotland?
2. Do I need a solicitor, or can I do it myself?
3. How do I sign a Scottish will properly?
4. How much does a will cost in Scotland?
5. Can I make a Scottish will online?
6. Free templates vs online will services
7. Common mistakes people make with wills
8. Executors and witnesses — who can I choose?
9. Where should I store my will?
10. Quick FAQs about Scottish wills

1. What makes a will legal in Scotland?

Scots law is slightly different from the law in England and Wales, so it is important that your will is prepared and signed in a way that is valid for Scotland. In simple terms, a Scottish will is usually valid if:

It is in writing (a physical printed document, not just on a screen).
It clearly sets out your wishes in a way that can be understood.
You sign it yourself on every page.
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.

There are extra rules around children, spouses/civil partners and “legal rights” to part of the estate, but most everyday wills are valid if they follow the basic steps above and are signed correctly.

2. Do I need a solicitor, or can I do it myself?

For a lot of people in Scotland, a simple will is enough. You do not always need a solicitor, especially if:

You have a straightforward estate (home, bank accounts, pension, maybe a small insurance policy).
You want to leave everything to your partner and/or children.
You do not have business assets, overseas property or complicated trusts.
You are not trying to do anything unusual or tax-driven.

You should strongly consider using a solicitor if:

Your estate is large or complex, or you expect inheritance tax issues.
You own property or assets outside the UK.
You are setting up trusts or protecting vulnerable beneficiaries.
There are likely to be disputes in the family.

Online services like ScottishWill are designed for simple, sensible estates. If in doubt, you can always contact us with any questions before starting.

Signing a Scottish will – make sure you sign every page and have one independent witness.

3. How do I sign a Scottish will properly?

The way you sign your will is just as important as the wording. A badly signed will can cause problems later, even if the content itself is fine. In Scotland, the usual signing process is:

Print the full will, including all pages.
Sign or initial every page in the space shown.
On the final page, sign your full name where indicated for the “testator”.
Have your witness present in the same room when you sign the last page.
The witness then signs their name and adds their address and occupation.

Your witness should be over 16, have mental capacity, and ideally not be a beneficiary in your will. This keeps things cleaner if anyone ever questions the document. When you use ScottishWill, your completed Will Pack includes clear, step-by-step signing instructions tailored to Scotland.

4. How much does a will cost in Scotland?

Prices vary widely. As a rough guide:

High street solicitors: Often from around £300–£600 for a basic single will, sometimes more.
Charity “free will” schemes: No upfront fee, but you are encouraged to leave a donation or legacy.
DIY templates and books: Very cheap, but you are on your own and errors are common.
Online Scottish will services: Fixed-fee, usually much lower than a solicitor.

ScottishWill currently charges a fixed price for a simple, fully legal Scottish will. You can see how the service works on our About page.

5. Can I make a Scottish will online?

Yes. A will does not stop being legal just because you answered the questions online. What matters is that:

The wording is suitable for Scots law.
Your wishes are captured clearly and accurately.
The final document is printed, signed and witnessed properly.

An online will service is usually a good fit if:

Your circumstances are straightforward.
You want a fixed cost and a quick turnaround.
You are comfortable reading and checking the final document yourself.

It may not be right for very complex estates or high-risk family situations. If you’re unsure, feel free to ask us a question.

6. Free templates vs online will services

Many people in Scotland search for “free will template” or download something they find online. Templates can work, but there are some real risks:

Templates are often written for England and Wales, not Scotland.
They may not reflect current Scottish practice or legal terminology.
They leave you to decide what clauses you need and how to phrase them.
It is easy to miss important details, especially around children or property.

A guided online service, like ScottishWill, asks structured questions and uses Scottish-specific wording. You still need to check the document carefully, but you are not starting from a blank page.

7. Common mistakes people make with wills

The most common problems we see with Scottish wills are simple but serious:

Not signing every page of the will.
Using a beneficiary (or their partner) as the witness.
Not updating the will after a divorce, new relationship or new child.
Leaving everything to one person with no substitute beneficiaries if they die first.
Using wording from England & Wales templates that does not fit Scottish rules.
Storing the will somewhere nobody knows about.

You do not need a perfect document, but you do want something that is clear, up to date and easy for your family to follow.

8. Executors and witnesses — who can I choose?

Your executors are the people who will deal with your estate after you die. In Scotland, you should:

Choose people you trust and who are reasonably organised.
Ideally appoint at least two executors, or one plus a substitute.
Consider the age and health of your chosen executors.

Your witness is different from your executors. For signing your will, your witness should:

Be over 16 and have mental capacity.
Be physically present with you when you sign the last page.
Not be someone who is inheriting from the will, if you can avoid it.

Executors can sometimes act as witnesses, but it is cleaner if the witness is a completely independent person such as a friend, neighbour or colleague.

9. Where should I store my will?

A will is only useful if it can be found when it is needed. Good options for storage include:

A clearly labelled folder at home, in a safe but accessible place.
With a trusted family member or executor.
In a fireproof home safe (make sure someone else has access).
With a solicitor or professional storage service if you use one.

Tell your executors where the original signed will is kept, and keep any copies marked as “copy” so there is no confusion.

10. Quick FAQs about Scottish wills

Do I really need a will if I am married with kids?

Yes. Without a will, your estate is distributed under Scottish intestacy rules, which may not match what you want. A simple will lets you decide who should inherit and who should handle things.

Is an online Scottish will as “legal” as a solicitor-drafted one?

A will that is correctly worded for Scots law and properly signed is generally legal whether it was drafted online, by a solicitor, or typed at home. The difference is in the quality of the wording and how carefully it is prepared.

Can I change my will later?

Yes. You can make a new will at any time, as long as you still have capacity. Most people review their will after major life events — such as marriage, separation, a new child, or buying a home.

What if my situation is more complicated?

If you have a large estate, business assets, property abroad, a blended family or anyone who might contest your will, you should speak to a Scottish solicitor. An online will is not a substitute for full legal advice in complex cases.

Related Scottish Will Guides

These detailed plain-English guides help you understand the key parts of a Scottish will. They are written to support this main Scottish Wills Guide and to give you deeper answers on specific topics.

These pages form your complete resource hub for understanding Scottish wills. If you’re browsing from Google or Bing, feel free to explore each guide in your own time.

Ready to put your own Scottish will in place?

If you feel clearer after reading this guide and your situation is reasonably straightforward, 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 have any questions at all during the process, feel free to contact us — we’re here to help. If you want to understand the background of the service before starting, you can read more about ScottishWill here.