Making A Will In Scotland - How To Write A Will Scotland Guide

Making a will guide following laws in Scotland. For residents of England, Wales and Northern Ireland please see our specific guides.

Making a will lets you decide how your money, property and possessions are handled after your death. It also lets you name who should carry out your wishes and who should care for children. If you die without a will, the law in Scotland may not follow your wishes. Citizens Advice Scotland: Wills

Why you should make a will

By writing a will you can:

Decide who inherits your savings, property, possessions and digital assets.
Name trusted executors to carry out your wishes.
Appoint guardians if you have children under 18.
Include special instructions (charities, digital assets, funeral wishes).
Avoid leaving everything to fixed rules of intestacy which may not reflect your wishes.

Who needs a will?

Anyone who is over 16 years old and of sound mind can make a will in Scotland. Source: guide to making a will in Scotland

If you own property, savings, pension rights, or want to leave specific gifts — a will is important.

What if you die without a will (intestate)?

If you die without a will in Scotland, your estate is distributed under intestacy rules. These may not match your wishes, and could cause delays, costs and disputes. Source: Age Scotland

Also, in Scotland a spouse, civil partner or children may have legal rights to part of your estate even if your will says differently. Source: SLCC consumer guide

Key legal rules in Scotland

You must be of sound mind and understand what you are doing when you make your will.
The will must be in writing (typed or handwritten) and signed by you.
Your signature must be witnessed — at least one witness is required in Scotland. Source
You can exclude people but legal rights claims may override parts of your will (spouse/civil partner/children). Source

Steps to make your will

Assess your estate. List your assets: home, savings, investments, pension rights, life insurance, business interests. List your liabilities: mortgage, loans, other debts.
Choose your beneficiaries. Decide who gets specific gifts (items or sums) and how the rest (residue) will be shared. Also choose substitutes if someone dies first.
Name executors. Pick one or more trusted people to administer your estate, pay debts and distribute what remains.
Appoint guardians for children. If you have children under 18, choose guardians and consider trusts for their benefit.
Include special instructions. Gifts to charity (use full details), digital assets, funeral wishes. Though funeral wishes are not legally binding, they help your family.
Draft the will. You can do it yourself if your affairs are simple, use an online service, or better still hire a solicitor especially if your situation is complex.
Sign and witness. After the final version is ready, sign it in the presence of at least one witness. Witness signs too. Date it.
Store safely and tell your executors. Keep the original will in a safe place and let your executors know where it is.

What to include

Your will should clearly identify you (full name, address), state that it is your will, revoke previous wills if any, name executors, list gifts and residual estate, handle substitute beneficiaries, appoint guardians, and include signatures and witnesses.

Trusts, business interests and overseas assets

If you own a business, have property abroad, or want to set up trusts for children or vulnerable people, things are more complicated. Take professional advice.

Common mistakes to avoid

Using a template that’s for England & Wales (Scottish rules differ). Source
Not appointing substitute beneficiaries or executors.
Not reviewing your will after major life changes (marriage, divorce, children, change in assets).
Leaving out digital assets or overseas property.
Not storing the original in a place your executors can find.

Review and update

You should review your will regularly (every few years) and especially after major life events: getting married or entering a civil partnership, divorce or dissolution, children born, buying/selling major assets, moving abroad.

If you want to make a minor change you might use a “codicil” (an amendment). For major changes, make a new will.

Quick checklist

✅ I listed all my major assets and debts.
✅ I named who I want to benefit and what they get.
✅ I chose executors I trust.
✅ If I have children, I appointed guardians and considered trusts.
✅ I signed the will correctly with at least one witness.
✅ I stored the original and told my executors.
✅ I set a reminder to review after major changes.

Useful official resources

Tip: Alongside your will, you may write a short “letter of wishes” to explain personal items, emotional gifts or special arrangements. This letter is not legally binding but can help your executors and loved ones.

Making A Will Scotland