The following Private Client guidance note Produced in partnership with Jacqueline Leslie of Harper Macleod LLP provides comprehensive and up to date legal information covering:
This Practice Note covers the requirements under Scots Law for a Will to be formally valid and the requirements which must be met if effect is to be given to a Will. For general information on Wills under Scots law, see Practice Note: Wills in Scotland—overview.
A Will is formally valid if it is properly executed according to the law of the testator's domicile, habitual residence or nationality either at the date of execution of the Will or at the date of death. It will also be formally valid if it conforms to the law of the place of execution. See Practice Note: Validity of Wills—foreign element.
If a Will deals only with immovable property, it is formally valid if it conforms to the lex situs of the property.
The Scottish rules on signing and witnessing a Will can therefore be followed when the Will is executed in Scotland, where the testator is domiciled, resident or a national of Scotland and when the Will deals solely with heritable property situated in Scotland.
From 1 August 1995, the testator must subscribe the testamentary writing at the end of the last page and, if it consists of more than one sheet, the testamentary writing must be signed by them on every sheet. It is good practice for the
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