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Making a Will in Scotland

If you have immovable assets in Scotland, then it is possible to use GlossLegal to make a Will, but there are particular issues which have to be addressed, or your Will may not be valid and you understand that you are doing so at your own risk.

There are differences between Wills in Scotland and Wills in the rest of the UK. For Wills in Scotland:

  1. The Testator must sign the bottom of each page of the Will. When signing the Will, the witnesses must identify themselves fully with at least their address and preferably with their occupation as well (both these are optional in England & Wales).
  2. Marriage does not invalidate a previous Will as it does in England & Wales. This means that writing a new Will after a second marriage is absolutely essential.
  3. Referring generally to 'children' includes adopted and illegitimate children but not step-children so these must be mentioned individually if they are to receive part of the estate.
  4. The age for accepting legacies is 14 for boys and 12 for girls although the age of actual receipt could still be stipulated. (It is 18 in England & Wales).
  5. The spouse and children have 'prior rights' under Scottish Law so that they cannot be deliberately excluded from inheriting. The spouse takes - House to value of £65,000, Furnishings to £12,000 plus Cash to £21,000 if there are children (or £35,000 if no children).
  6. After the 'prior rights' have been satisfied, the spouse and/or children have 'legal rights' to half of the 'moveable estate' (effectively cash, investments, etc.) and only the remainder can be disposed of to other parties.
  7. However, surplus property such as second houses, shops, land, etc is known as the 'heritable estate' and this can be disposed of as the testator wishes.
  8. A surviving spouse is entitled to be a sole executor of the estate so we would suggest using this option and appointing two other executors in the reserve position; the survivor can always relinquish executorship if he/she thinks the other nominees are better able to do the job.
  9. Any clause in your Will which refers to a specific Act of English Law will still retain its meaning as written but anything in the Act referred to will be ignored.
  10. All Wills made on GlossLegal contain the following revocation clause: I HEREBY REVOKE all former Wills and testamentary dispositions made by me under the law of England and Wales and declare that the proper law of this my Will shall be the law of England and Wales. As this revocation clause excludes previous Scottish Wills, you should therefore destroy (by burning is best) any previous Will(s) you have made under Scottish Law.

So if you sign ALL pages of your Will, and your Will adheres to the other rules above, a Will made using GlossLegal will probably still be legal in Scotland.

However, we make no guarantees and if you live in Scotland (or are wishing to cover immovable assets in Scotland) then you execute any Will or Lasting Power of Attorney made using GlossLegal entirely at your own risk.

 

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Disclaimer: The information provided in this site is not legal advice, but general information on legal issues commonly encountered. GlossLegal is not a law firm and is not a substitute for a solicitor or law firm. GlossLegal cannot provide legal advice. Please note that your access to and use of the GlossLegal website is subject to additional terms and conditions. GlossLegal is the trading name of Enterprisexchange Limited registered in England, United Kingdom under Company Number 3803556.