Let's review the basics of how to make a Will in Scotland. We all know that we need to make a Will but often don't know how to actually go about it. Solicitors are of course are well practised in writing Wills for their clients, but sometimes lay people try and do this for themselves - sometimes successfully, sometimes not.
The very essence of a Will is that it gives effect to what you want to happen to your assets after your death. Scottish law says that it must be in writing – oral Wills are not allowed, so you can't simply say to somebody “I will leave you my estate when I die”. The writing doesn't have to be in a formal style such as prepared by a solicitor but it does need to have “words of testamentary intention” ensuring that this is what you mean to happen after your death.
It can be handwritten, or typed, written in ink or blood - I've never actually seen that one myself - as long as it is produced in a physical form and of course it needs to be signed by the person making the Will, who is known as the testator. If the Will goes over many pages, the testator needs to sign on every page but if written on one sheet only, then one signature is enough.
There are will packs available from local stationers but as you might imagine I don't advise that you use these in anything other than the most straight forward of cases. I tend to see the results of a badly drawn homemade Will in my practice, and my clients end up spending more in legal fees putting it right then was saved in making the Will originally.
So, as ever, please do seek independent legal advice but if
you are doing it yourself bear these basic necessities in mind.