Writing a valid will in Scotland

Writing a valid will in Scotland is the only way to ensure your assets are distributed according to your wishes when you pass away. It is a crucial task that requires careful consideration, legal compliance, and periodic review. While a well-prepared will provides clarity and assurance to loved ones, writing one that is not legally compliant can cause costly mistakes and emotional upset.

Writing your will
Firstly, in Scotland, you must be over 12 years old and of sound mind (in England, you must be over 18). Your will must be written voluntarily by you, without any pressure from other people. It must be made in writing, signed on every page by you, and there must be at least one witness present. The witness must also sign the will to confirm they have been present at signing. Although you can use friends or family members as witnesses, it’s often a good idea to choose independent persons or solicitors as this can help prevent disputes over its validity in the future.

Date and safeguard your will
Include the date when you execute the will to establish its validity. Store your will in a secure place and consider informing your executor or a trusted family member of its location. Many people opt to keep their will with their solicitor.

Keep your will updated
Life is full of changes, so it is essential to review and update your will when significant events occur, like marriages, divorces, births, or deaths in the family. There can also be legal and legislative changes over time, so it is important to review regularly. If you need to make minor adjustments to your will, you can create a codicil – a separate document that amends specific provisions in your existing will. However, this must be executed with the same formalities as your original will.

Common mistakes
If you decide to go down the route of creating your will yourself, it is important to understand that mistakes can easily be made, which means the will isn’t legally valid. Common mistakes people make include not correctly witnessing the will, leaving out assets, not appointing guardians for minor children and making changes to a will after it has been signed.

Other oversights can have significant effects, such as neglecting to include details about what should happen if beneficiaries pass away before you or before the estate is settled. Not understanding how marriage or civil partnership impacts your will, or being unaware of rules potentially allowing a spouse or children to claim more from your estate if they are entitled to it under legal rights, means some rules can override the provisions you have made.

If you leave some of your money, property, or belongings in the will, but do not provide for a final residue clause, everything not mentioned will be distributed based on intestacy rules, which might not match how you would prefer to distribute your assets.

Seeking professional advice
While it is possible to create your will without professional help, it is recommended to consult a solicitor, especially if your estate is complex or if you have concerns about potential disagreements. A solicitor can ensure that your will meets all the legal requirements and provide guidance on tax implications. Errors and misunderstandings that result in legal disputes can end up costing a lot and they can reduce the value of your estate.

Creating a valid will in Scotland is essential and requires thoughtful consideration, legal compliance, and periodic updates. Seeking professional advice and following legal requirements will help ensure that your final wishes are respected and that your loved ones receive that which you have planned. When done correctly, a will provides valuable peace of mind and assurance that your intentions will be honoured after you pass away.