Making a Will in Scotland

A Clear, Practical Guide From the Team at Hastings Legal

Why should I make a Will?

A Will gives you control over what happens after you’re gone. It lets you decide who inherits what, and makes things much easier for the people you leave behind.

Without one, the law takes over and their decisions might not reflect what you would have chosen.

We speak to people every week who wish they’d done it sooner. It’s a straightforward process, and it gives real peace of mind.

Did you know?

More than 50% of adults in Scotland don’t have a Will — even though most say they’ve been meaning to get around to it.Life doesn’t always give you notice. A Will makes sure the people you care about aren’t left with uncertainty.

Do I actually NEED a will?

Yes — probably more than you think.You should consider a Will if:

• You own a home or have savings
• You’re married, divorced, or living with a partner
• You have children or stepchildren
• You want to leave something to a friend, charity, or cause
• You run a business or have assets outside the UK

Even if your situation is simple, a Will helps avoid confusion or disagreement later on.

What can I put in a Will?

Your Will can cover:

• Who should inherit — and in what shares
• Any specific gifts (money, items, or property)
• Who should look after your children
• Who you’d like to act as your executor
• Funeral wishes, if you want to include them
• Digital assets (photos, accounts, online content)

We’ll guide you through what’s needed and flag anything you may not have thought about.

What’s an executor, and who should I choose?

Your executor is the person responsible for dealing with your estate after you die. That includes gathering your assets, paying off any debts, and making sure your wishes are carried out.

You can appoint more than one executor — for example, a family member and a solicitor can act together. Many people choose a trusted relative or friend, but if you'd prefer not to place that responsibility on someone close to you, we’re happy to act as executor on your behalf.

What makes a Will legally valid?

In Scotland, your Will must be:

• Made voluntarily and without pressure
• Written by someone aged 12 or over who understands what they’re doing
• Signed at the bottom of each page
• Properly witnessed

We take care of the legal details so you don’t have to worry.

If you’re interested in the formal rules behind this, the Scottish Parliament has a helpful briefing onSuccession Law and Making a Will in Scotland →

Can I make my own Will?

You can — but we’d suggest doing so with caution.Shop-bought kits and online templates don’t always meet the legal requirements, and they often miss important details.

A Will might look fine on paper, but if it’s not properly written or signed, it can cause problems later, especially for your family.

What if I already have a Will?

We offer a free Will review and can talk you through whether it still suits your needs. There’s no pressure to make changes if it’s still working for you.

Looking to make changes? See our separate guide:---Updating Your Will

Should I also have a Power of Attorney?

It’s a good idea.Your Will covers what happens after you die. A Power of Attorney covers what happens if you become unable to make decisions during your lifetime.Many people choose to set both up at the same time.---Read our guide to Power of Attorney

How we can help

We’ve been helping clients across the Borders make Wills for decades.You can meet with us at your local office or we can speak by phone or video, whatever works for you.

We also offer home and hospital visits if that’s needed.

Our offices are in:Kelso • Duns • Selkirk • Jedburgh • Hawick • Coldstream • Eyemouth

Ready to get started?

Call us, email us, or speak to your local office team.We’ll explain the process and help you make a Will that’s clear, valid, and tailored to you.