Last Will and Testament (Scotland)

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What is a Last Will and Testament (Scotland)?

A last will and testament is a document made by one person, the testator, setting out how their estate is to be distributed after their death, who is to administer that estate, and related wishes such as the guardianship of a child or funeral arrangements. Under the law of Scotland, a will has one party - the testator - rather than two contracting parties, and it takes effect only on the testator's death.

The will covers property the testator owns at death and has power to dispose of by will. Separately from what the will provides, a spouse, civil partner, or child of the testator may be entitled to claim legal rights from the testator's net moveable estate under Scots law - these rights exist regardless of the will's terms.

A will has no effect until death and can generally be changed or revoked at any time before then, by making a new will or a codicil, or by another act of revocation. Under Scots law, marriage does not automatically revoke an earlier will, which is a point of difference from the law of England and Wales.

When People Use It?

Setting out who is to inherit an estate, in whole or in specific parts, rather than the estate passing under the statutory intestacy rules.
Appointing a guardian for a child in the event of the testator's death, under section 7 of the Children (Scotland) Act 1995.
Appointing a trusted person or people to administer an estate - gathering in assets, paying debts and expenses, and distributing what remains.
Recording funeral wishes or a wish to leave a separate letter of wishes for personal items or digital accounts.

Why People Use It?

To direct how an estate is distributed, rather than leaving distribution to the statutory intestacy rules, which follow a fixed order of relatives and may not reflect a person's actual wishes.
To name specific executors, rather than leaving the choice of administrator to be settled by the court on an intestacy.
To appoint a guardian for a child, which the statutory intestacy rules do not address.
To make specific or pecuniary legacies to particular people, alongside a residuary gift for everything else.

What the Template Gives You?

A revocation clause cancelling earlier wills and testamentary writings.
An executor nomination clause, with an additional or substitute executor option.
An optional guardianship appointment clause under section 7 of the Children (Scotland) Act 1995.
Optional specific-legacy and pecuniary-legacy clauses, each with a substitute-beneficiary option.
A residue-of-estate clause, structured as either a sole beneficiary or multiple beneficiaries in stated shares, with a substitute-beneficiary option.
A standing clause noting that the will does not affect legal rights available to a spouse, civil partner, or child under Scots law.
Administrative powers for the executors covering sale, appropriation, and investment.
An execution block reflecting the subscription requirement in section 2 of the Requirements of Writing (Scotland) Act 1995, and the self-proving witnessing option under section 3 of, and Schedule 2 to, the same Act.

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1.Choose your legal form

Browse the library or search to find the exact template you need

2.Answer simple questions

The guided editor turns your answers into a finished legal form

3.Sign your document

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What our users are saying

Frequently Asked Questions

What is a Last Will and Testament (Scotland)?

When People Use It?

Setting out who is to inherit an estate, in whole or in specific parts, rather than the estate passing under the statutory intestacy rules.

Appointing a guardian for a child in the event of the testator's death, under section 7 of the Children (Scotland) Act 1995.

Appointing a trusted person or people to administer an estate - gathering in assets, paying debts and expenses, and distributing what remains.

Recording funeral wishes or a wish to leave a separate letter of wishes for personal items or digital accounts.

Why People Use It?

To direct how an estate is distributed, rather than leaving distribution to the statutory intestacy rules, which follow a fixed order of relatives and may not reflect a person's actual wishes.

To name specific executors, rather than leaving the choice of administrator to be settled by the court on an intestacy.

To appoint a guardian for a child, which the statutory intestacy rules do not address.

To make specific or pecuniary legacies to particular people, alongside a residuary gift for everything else.

What the Template Gives You?

A revocation clause cancelling earlier wills and testamentary writings.

An executor nomination clause, with an additional or substitute executor option.

An optional guardianship appointment clause under section 7 of the Children (Scotland) Act 1995.

Optional specific-legacy and pecuniary-legacy clauses, each with a substitute-beneficiary option.

A residue-of-estate clause, structured as either a sole beneficiary or multiple beneficiaries in stated shares, with a substitute-beneficiary option.

A standing clause noting that the will does not affect legal rights available to a spouse, civil partner, or child under Scots law.

Administrative powers for the executors covering sale, appropriation, and investment.

An execution block reflecting the subscription requirement in section 2 of the Requirements of Writing (Scotland) Act 1995, and the self-proving witnessing option under section 3 of, and Schedule 2 to, the same Act.

Simple 3-Step Process

Choose your legal form

Browse the library or search to find the exact template you need

Answer simple questions

The guided editor turns your answers into a finished legal form

Sign your document

E-sign, then download, print, or share your legal document instantly

1.Choose your legal form

Browse the library or search to find the exact template you need

2.Answer simple questions

The guided editor turns your answers into a finished legal form

3.Sign your document

E-sign, then download, print, or share your legal document instantly

Frequently Asked Questions

Last Will and Testament (Scotland)

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ZENDOCS HAS BEEN FEATURED IN

What is a Last Will and Testament (Scotland)?

Why People Use It?

What the Template Gives You?

Simple 3-Step Process

What our users are saying

Frequently Asked Questions

What does nominating an executor actually do?

What are "legal rights" under Scots law, and does this will affect them?

Does this will need to be witnessed to be legally valid?

What happens if a beneficiary named in the will dies before the testator?

Does getting married affect this will?

What is a Last Will and Testament (Scotland)?

Why People Use It?

What the Template Gives You?

Simple 3-Step Process

What our users are saying

Frequently Asked Questions

What does nominating an executor actually do?

What are "legal rights" under Scots law, and does this will affect them?

Does this will need to be witnessed to be legally valid?

What happens if a beneficiary named in the will dies before the testator?

Does getting married affect this will?