MAKE YOUR FREE Last Will and Testament for Scotland
What we'll cover
What is a Last Will and Testament for Scotland?
A Last Will and Testament sets out how somebody’s estate (ie the collection of what they own when they die, including property, savings, and other assets) should be distributed after their death and how any children should be cared for. Wills are essentially written sets of instructions that individuals leave to specify how estates will be distributed. Make a Will to ensure that the people and causes you care about will inherit your assets in the way you wish after your death.
This document is for Scotland only.
When should I use a Last Will and Testament for Scotland?
Use this Last Will and Testament for Scotland:
-
to set out who you want to inherit your estate
-
to appoint a guardian for your children
-
to appoint executors to deal with (eg distribute) your estate
-
if you are based in Scotland only
If you’re based in England or Wales, use our Last will and testament for England and Wales instead.
Sample Last Will and Testament for Scotland
The terms in your document will update based on the information you provide
This document has been customised over 10.6K times
Legally binding and enforceable
Complies with relevant laws
Ask a lawyer questions about your document
Download and sign your document
THE WILL OF
I, , of , , in order to settle the succession to my estate after my death, provide as follows:
Revocation
- I revoke all of my former wills and testamentary writings.
Executors
- I appoint of , to be my executor(s).
- If the said dies before me, becomes unable to act or declines office I appoint of , to be my executor.
- My executor or executors are hereafter referred to as “my Executors” or “my Trustees” as the context so requires.
Debts Etc.
- I direct my Executors to pay all of my debts and funeral expenses.
Tax and Expenses
- I direct my Executors to pay all legacies free of all tax and expenses and implementation, but without interest unless I have given any contrary directions; declaring further that, notwithstanding any other provision of these presents, in the event of any beneficiary hereunder being missing or untraced at the time of and following my death, I hereby authorise my Executors to expend such costs as they may in their sole discretion consider it to be reasonable in tracing such beneficiary, but always subject to the provision that the whole costs of tracing that individual shall be borne by such beneficiary and deducted from their legacy or share of the residue; in the event of my having left a specific legacy to such beneficiary, they shall require to refund the whole costs of tracing their whereabouts prior to receiving the object of such specific legacy from my Executors.
_______________________________________
Signature of
Residue
- I direct my Executors to make over the residue of my estate to if they survive for 30 days after my death.
Residue (Continued)
- If the said dies before me, dies with me at the same time or does not survive me for 30 days, I direct my Executors to pay, convey and make over the residue of my estate to of , as shall survive me, equally between or among and the survivor and survivors of them if more than one.
_______________________________________
Signature of
Beneficiaries Lacking Capacity
- If any part of my estate is held for a beneficiary who lacks full legal capacity, my Executors shall have power:
- to pay or apply any part of the income or capital falling to that beneficiary for their benefit in any manner my Executors think proper;
- to retain the same until such capacity is attained; or
- to pay over the same to the legal guardian or the person for the time being having the custody of that beneficiary, whose receipt shall be a sufficient discharge to my Executors.
Powers
- My Executors:
- shall have the fullest powers exercisable by them as if they were absolute owners and not executors;
- may resign office notwithstanding any benefit under this will; and
- may appoint one or more of their own number to act as solicitor or agent in any other capacity and allow that executor the same remuneration to which that executor would have been entitled if not an executor.
Renunciation
- In the event of any benefit conferred by this will being renounced in whole or in part, the benefit or such part or parts thereof shall pass to the beneficiary or beneficiaries who would have been entitled and on the terms and conditions which would have applied had the beneficiary so renouncing predeceased me. However, in the event of such renunciation arising as a result of a claim for legal rights in Scotland (or any similar statutory successor, as to which my Executors shall be the sole judges) then the benefit so renounced shall pass to the beneficiary or beneficiaries who would have been entitled and on the terms and conditions which would have applied had the beneficiary claiming legal rights predeceased me leaving no issue.
Digital Assets
- My Executors shall have the power to access, handle, distribute and/or dispose of any and all of my digital assets, and may obtain, access, modify and control my passwords and other electronic credentials associated with my digital devices and assets.
- For the avoidance of doubt, “digital assets” includes files stored on any digital devices owned by me at my death, including but not limited to: desktops, laptops, tablets, peripherals, storage devices, mobile telephones, smartphones and any similar digital device which currently exists or may exist as technology develops or such comparable items as technology develops. The term “digital assets” also includes but is not limited to emails received, email accounts, digital music, digital photographs, digital videos, software licenses, social network accounts, file sharing accounts, financial accounts, domain registrations, DNS service accounts, web hosting accounts, tax preparation service accounts, online stores, affiliate programs, other online accounts and similar digital items which currently exist or may exist as technology develops or such comparable items as technology develops.
- My Executors may engage contractors or agents to assist in accessing, handling, copying, distributing, disposing of and/or terminating my digital assets.
_______________________________________
Signature of
Domicile
- I declare that my domicile is Scottish.
Testing Clause
- IN WITNESS WHEREOF these presents, consisting of this and the preceding pages, are executed as follows:
_______________________________________
At
_______________________________________ (city or town where signed)
On
_______________________________________ (date when signed)
Before this witness:
_______________________________________
Of
,
_______________________________________
Signature of
About Scottish Wills
Learn more about making your Last Will and Testament for Scotland
-
How to make a Last Will and Testament for Scotland
Making your Last Will and Testament for Scotland online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the information about your testamentary wishes prepared in advance, creating your document is a quick and easy process.
You’ll need the following information:
Testator’s details
-
What is your (ie the testator’s, or the person making their Will’s) name?
-
Are or have you previously been known by any other names?
-
What is your address?
Executors
-
What are the names and addresses of all executors you wish to appoint?
-
Will you appoint substitute executors (ie people to act as executors if any of those appointed to do so cannot)? If so, what are their names and addresses?
Children
-
Do you have any children under 18 years old?
-
If so, will you appoint a guardian to care for your children if, after you die, nobody remains with parental responsibility for your children (eg no other parents)?
-
If so, what is the guardian’s name and address?
-
Beneficiaries
-
Who will receive your residuary estate (ie the remainder of your estate, containing the assets that are left after any specific gifts and costs (eg inheritance tax) have been distributed or paid out)? This person is your residuary beneficiary. You can have one or multiple residuary beneficiaries.
-
What are your residuary beneficiaries’ addresses?
-
What are your residuary beneficiaries’ relationships to you? For example, civil partner? Best friend?
-
-
Who is your alternative residuary beneficiary? This is the person who will inherit your residuary estate if your appointed residuary beneficiaries (above) die before you or less than 30 days after you.
Witnesses
-
Who will be the witness to your signing of your Will?
-
What is their address?
-
-
Common terms in a Last Will and Testament for Scotland
Last Wills and Testaments set out how somebody wishes their children to be cared for and their assets to be dealt with after their death. To do this, this Last Will and Testament for Scotland template includes the following terms and sections:
I, [your name], of [your address], in order to settle the succession to my estate…
The Will starts with this line of text, which identifies the person whose Will it is (using their name, any alternate names, and their address) and identifies the purpose of the document as setting out their testamentary wishes.
Revocation
The Will clearly states that all previous Wills and similar that the testator has made are now revoked. This is for the sake of clarity, as by making a new Will a testator will always be replacing any previous Wills with their most recently created Will.
Executors
In this section the testator appoints one or more people to execute their Will. If you’ve chosen to appoint substitute executors, this will also be set out here.
Debts etc.
This section asks the executors to pay all of the testator’s debts and their funeral expenses out of the estate.
Tax and expenses
This section makes provisions for how legacies (ie gifts of items or of money) should be paid to beneficiaries. For example, they should be given to beneficiaries free of taxes and expenses (ie beneficiaries shouldn’t have to pay tax, this should already have been done by the executors). If an individual needs to be traced and found in order for them to receive a gift they’ve been left, the costs of tracing them should be deducted from their entitlement.
Residue
The testator’s residuary beneficiaries are set out here, with the direction that they are to receive the remainder of the testator’s estate (ie the residue) as long as they survive for at least 30 days after the testator’s death. An alternative residuary beneficiary is set out below this.
Beneficiaries under 18
This section will appear if any of the testator’s children are under 18 years old. It will require that any beneficiaries under 18 do not receive their entitlement under the Will outright, but instead it is to be held on trust (ie by the executors, as trustees, for the benefit of the beneficiaries) for them until they reach 18.
The section also sets out how income generated by any such trusts should be dealt with and explains who receives the trust money if the beneficiary does not reach 18 years of age (ie it should belong to whoever it would have belonged to if the beneficiary who died under 18 had died before the testator).
Beneficiaries lacking capacity
Here it’s explained what the executors may do if any beneficiaries under the Will do not have legal capacity. They may, for example, hold the money until capacity is attained, pay it to a legal guardian, or apply it to the beneficiary’s benefit (eg by purchasing something on their behalf).
Powers
This section grants the executors certain powers (ie the legal authority) to do things relevant to their role. For example, they can deal with the testator’s assets as if they own them (eg to transfer them) and may resign as executors if desired.
Guardians
If the testator has children under 18 years old for whom they want to appoint a guardian, the guardian is identified here.
Renunciation
This section explains what should happen to a gift under the Will if a beneficiary renounces (ie gives up) their benefits under the Will. For example, the gift will usually pass as it would have had the renouncing beneficiary died before the testator.
Digital assets
This section gives the executors permission to access and deal with the testator’s digital assets (eg files on their computer, social media accounts, and similar). The executors are also given permission to get help from contractors or similar to access, distribute, end, or otherwise deal with the digital assets.
Domicile
Here the testator declares that their domicile is Scottish. This means that this is the country to which the testator has the closest ties.
Testing clause
This clause precedes the space set out for the testator to sign the Will. It highlights that this is the end of the Will, ie any clauses added below this do not form part of the Will and should be considered to have been added after the Will was made (whereby they, and potentially the whole Will, will be considered invalid).
Before this witness…
Underneath the testator’s signature is space for the witness to add their name and details.
If you want your Will to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review the document for you (or to make the changes for you) to make sure that your modified Will complies with all relevant laws and meets your specific needs. Use Rocket Lawyer’s Ask a lawyer service for assistance.
-
Legal tips for making your Will
Carefully consider who you appoint
When you appoint executors in your Will, it’s vital that you appoint people that you trust. These people will be handling all of your assets and will be responsible for making sure all formalities are met and payments made (eg inheritance tax). You should also speak to people before you appoint them to make sure they’re willing to take on the responsibility.
The person you appoint as a guardian is also extremely important. This person will have responsibility for looking after your children if there are no other adults with parental responsibility for a child after your death. Choosing someone to bring up your child is obviously an extremely important choice, so take your time over this. You can always alter your wishes using a Codicil if you later decide you’d trust another person more.
Regularly review your Will
It’s important to regularly review your Will to make sure your assets are distributed how you want after your death. It’s particularly important to update your Will following significant life events, for example, getting married or divorced or having a child. For more information on when and how to change your Will, read the FAQs above.
Follow the correct formalities when making your Will
Wills and testamentary wishes is a complex and important area of law. It’s important that you clearly follow all legal requirements when setting out your wishes, to make it less likely that disputes will arise down the line (eg if it’s unclear which of two Wills is your most recent, or whether a Will has been validly created). For more information, read the Make it legal checklist for this document.
Understand when to seek advice from a lawyer
In some circumstances, it’s good practice to Ask a lawyer for advice to ensure that you’re complying with the law and that you are well protected from risks. You should consider asking for advice if:
-
this document doesn't meet your needs or doesn’t cover what you want
-
you want to have your Will reviewed
-
you share ownership of a property with someone who is not your spouse or civil partner
-
you wish to make provisions for a dependent who is unable to care for themselves by, for example, setting up a trust
-
you want to make specific gifts in your Will (eg specific items or amounts of money)
-
you wish to make a gift to an organisation in your Will (eg a charity)
-
there are several family members who may make a claim on your Will, for example, a second husband or children from a first marriage
-
your permanent home is not in the UK
-
you are resident in the UK but you own or part-own overseas property
-
you own or part-own a business
-
Last Will and Testament for Scotland FAQs
-
What is included in a Last Will and Testament for Scotland?
This Last Will and Testament for Scotland template covers:
-
the testator's details (ie the details of the person making the Will)
-
the testator's alternative names
-
the executor's details
-
appointing substitute executors
-
provisions for beneficiaries under 18
-
appointing a guardian
-
witness details
-
-
Why do I need a Last Will and Testament for Scotland?
Creating a Will ensures that you’ve clearly set out how you want your assets to be distributed and any children looked after your death. This enables your wishes to be carried out without error or confusion.
If you die without having a written Will, known as dying intestate, your estate will be distributed in accordance with the Scottish intestacy rules, which may not lead to your assets being distributed in the way you want.
-
Which assets and other matters should be dealt with in a Last Will and Testament?
You should think about what you want included in your Will. Wills can cover a range of issues, including:
-
who should inherit your property, money, and other assets and possessions
-
how your children should be cared for (eg who should care for them)
-
who should be responsible for managing and distributing your estate (ie who your executors will be)
-
any special arrangements for your funeral
-
any charitable donations you would like to make
You should think about how much money and what property and possessions you have. This can include property, savings, occupational and personal pensions, insurance policies, bank and building society accounts, and shares.
If you want to include digital assets in your Will, for example, music and text, social media accounts, online photograph albums, or online gaming identities, you can make a list of how to access all of these accounts. You may need specialist legal help as there could be issues, for example, if an online account is being held in the US and is not covered by Scottish executory law.
You may need to think about who should look after any children under 16 and what provisions need to be made for them and any older children.
If you want to leave property to a transgender person you should seek advice, as you may have to refer to the person using their current (ie ‘acquired’) gender, not the gender they were assigned at birth.
Extra care needs to be taken when you are making a Will and including instructions about property (eg a house or a flat). In some cases, there may be a clause in the title deeds of a property called a 'survivorship destination' clause. These clauses can override what it says about the property in a Will. A solicitor can give advice about the impact of these clauses.
-
-
What is an executor?
Executors are the people who will be responsible for dealing with your estate and carrying out your wishes in accordance with your Will. They will have to collect together all of the assets of the estate and must deal with all the paperwork. They have to pay any debts, taxes (eg inheritance tax (IHT)), and funeral and administration costs out of money in the estate. They will then need to distribute the financial assets to beneficiaries, distribute other possessions, and transfer any property to beneficiaries.
-
Who should I appoint as an executor?
When appointing an executor, you should make sure that the person you choose is aware you would like them to act as an executor. If someone does not want to be named as an executor in your Will they can refuse. Being an executor comes with a lot of responsibility and administrative duties. You should choose people who you trust (eg family members or friends) or those with whom you have a special client relationship (eg your solicitor or accountant).
If you do not appoint any executors in your Will, the court will have to do this after your death. Once the court appoints an executor the appointed executor cannot resign or take on other executors without going back to the court to obtain permission.
It is not necessary to appoint more than one executor, although it is advisable to do so in case, for example, one of them dies before you.
If an executor dies, any other surviving executor(s) can deal with an estate. If there are no surviving executors the court can appoint one.
-
What are the requirements for a valid Will?
In order for a Will to be valid in Scotland, it must be:
-
made by a person who is 12 years old or over
-
made voluntarily and without pressure from any other person
-
made by a person who is of sound mind. This means that the person must be fully aware of the nature of the document being written and signed, of the property to be distributed, and of the identity of the people who may inherit
-
made in writing
-
signed by the person making the Will on every page, and
-
signed in front of a witness
As soon as the Will is signed and witnessed, it is valid.
-
-
Where should I store my Will?
Once a Will has been made, the original document should be kept in a safe place. There are a number of places where you can keep a Will, including:
-
with a solicitor. Make sure that someone knows which solicitor’s office holds the original Will
-
at a bank, although it may charge an annual fee
-
at home. If you keep a copy at home it is a good idea to put it in an envelope that is clearly labelled. It is generally not a good idea to keep an original Will at home as it may get damaged or lost
For more information, read Storing your will.
-
-
What happens if circumstances change?
When you make a Will, it's important to keep it up-to-date to take into account any changes in your circumstances. The most common changes of circumstances that may affect your Will are:
-
getting married, remarried, or registering a civil partnership
-
getting divorced, dissolving a civil partnership, or separating
-
the birth or adoption of children
-
the death of a beneficiary
-
obtaining any new significant assets (eg a house)
If you do not change your Will after a marriage or the registration of a civil partnership, your existing Will is still valid. However, since 1 November 2016, getting divorced or ending a civil partnership does affect a Will. If you have left a gift in your Will to your spouse or your civil partner, it will not take effect if you later get divorced or end your civil partnership.
-
-
How do I change my Will?
If there has been a change in circumstances, you may want to consider updating your Will. However, you cannot amend an original Will once it has been signed and witnessed. Any alterations to the Will are assumed to have been made at a later date and will not form part of the original legally valid Will. This can give rise to expensive legal proceedings to establish which is the valid Will.
The only way you can change the wishes you’ve set out in a Will is by making a Codicil to the Will or by making a whole new Will.
-
What is a codicil?
A codicil is a formal legal document used to make one or a few minor amendments to an existing Will. Codicils save hassle and expense as they allow for changes or amendments to take effect without somebody having to create a whole new Will. Codicils need to be signed and executed in the same way as a Will.
For more information, read Codicils. You can make a codicil using our Codicil template.
Our quality guarantee
We guarantee our service is safe and secure, and that properly signed Rocket Lawyer documents are legally enforceable under UK laws.
Need help? No problem!
Ask a question for free or get affordable legal advice from our lawyer.
