The following Private Client practice note Produced in partnership with Jacqueline Leslie provides comprehensive and up to date legal information covering:
CORONAVIRUS (COVID-19): Some of the formal requirements for a valid Will in Scotland have been relaxed during the coronavirus pandemic. See News Analysis: Signing Wills in Scotland in times of social distancing.
When a person dies, it must be established whether they made a valid Will. If not, the deceased's estate will be administered in accordance with the law of intestacy in Scotland set out in sections 2, 8 and 9 of the Succession (Scotland) Act 1964.
In Scotland, anyone aged 12 or over can make a Will.
Prior to 25 September 1991, a girl aged 12 or over and a boy aged 14 or over had testamentary capacity (Stevenson v Allans (1680) Mor 8949; Erskine Institute vii 33 (not reported by LexisNexis®)).
The testator must be of sound mind and capable of understanding the nature and effect of making a Will. A Will will not be valid if the testator was not capable of understanding what the consequences of making one would be. See: Graeme v Graeme's Trustees (1869) 7M 1062 (not reported by LexisNexis®).
It is for the solicitor instructed in relation to a Will to reach a view on the testator's capacity but the prudent practitioner would always seek a medical opinion where there is any doubt.
An executor is responsible for giving effect to the terms of the Will and administering
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