If you are a resident in Scotland, you will need to consider some aspects of how Scots Law will affect your Will, as the process works slightly differently to the rest of the UK.
Your Legal Rights in Scotland
In Scotland, spouses, civil partners and children will have an automatic claim on part of your estate, regardless of the wording of your Will.
Scots law considers your property as being either ‘heritable’ (such as your house, land or other buildings) and ‘moveable’ (your money, vehicles, jewellery, shares and other assets).
Legal Rights may only be claimed from your moveable property, while your heritable property will not be included in any Legal Rights claim.
Individual family circumstances will determine the extent of your Legal Rights claim.
Legal Rights are an important consideration, especially if you choose to leave a significant share of your estate, either as a pecuniary amount or as a residual share, to charity.
We recommend seeking professional advice from a solicitor with any concerns about Legal Rights and your Will under Scots law.
Signing and Witnessing your Will in Scotland
Wills in Scotland must be signed by you at the bottom of every page, and your Witness must sign only on the last page, otherwise it will not be accepted by Scottish courts.
Leaving a Gift In Your Will to Blesma
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