Preparing Your Will in Scotland

Signatures

In the first instance, it should be noted that it is generally advisable to seek the help of a solicitor when writing a Will. This is an important legal document and, as such, there is a certain form to which the Will should adhere. Unless your affairs are very simple, it is always best to get professional help. If, however, you still want to write the document yourself, there are a number of key concerns which you should remember. Perhaps the most important of these is your signature; you must sign and date the Will at the end of the document, as well as once on every page.

On the final page you should also print your name and address. It is important that your signatures are made in the presence of a witness, who should sign below your own address on the final page only, including their own printed name and address in addition. Your witness must be at least 16 years of age and deemed to be mentally capable. There are certain circumstances, however, in which you may not be able to give your own signature; if you are blind, for example, or cannot write, you can have your Will signed on your behalf by a justice of the peace. A solicitor can also carry out this task for you, but they will normally charge a fee.

You should also explicitly note, at the beginning of the document, that this Will revokes all previous versions. Failing to do this may cause confusion if your executors find more than one Will. This executor (or executors) should be consulted, made aware of their duties, and named on your Will. Their address should also be given in order that they can be found quickly. You are legally permitted to name a solicitor or professional advocate, but if you do so you should specify in the document that you permit them to charge their normal fees to the estate.

Death of Beneficiaries

It is also vital that you consider the possibility of the unexpected death of your beneficiaries. Once you have decided who these are to be, and what you will bequeath to them, you should specify what should happen if they should die before you. If this happens, the specific bequest that you had made to them would become part of the residue; that is, the remainder of the estate. Giving specific instructions relating to these circumstances ensures that you do not have to alter your Will following their death, and rules out the possibility of the incorrect disbursement of the estate if you were to die simultaneously.

Many people write their Wills with the aid of a paper kit, many of which are available from high street shops. You should remember, however, that these are generally created specifically for use under English law, and you should therefore check carefully before using them.