Will Writing In Scotland? Beware the law!

Apologies for the slightly sensationalist title, but you should be aware that Scottish law is different to English law. This means that a law that is valid in England and Wales will not necessarily cover all of your bases north of the border.

There are some fundamental differences with Scottish wills:

• people over the age of 12 can make a will;
• inheritance can be taken from the age of 16;
• when a child reaches 16 they no longer have a guardian and can receive inheritances,
• if you do not want a child to take what they are entitled to at 16 it is necessary to set up a trust and to specify the age at which you want the child or children to inherit (in accordance with the Legal Capacity (Scotland) Act 1991)
• some of the terminology is different in Scotland, such as ‘probate’ (the administration of an estate), which in Scotland is called ‘confirmation’.

Also, in Scottish law you cannot completely disinherit your spouse or descendants in your will. Any surviving children will be entitled to a third of your movable estate – that is, everything except land and buildings – and your spouse will be entitled to a further third. You can do whatever you wish with the remainder.

If you have no children your spouse will receive 50% of your movable estate. If your spouse or civil partner has died, your children will be entitled to half of your movable estate.

Information from Help The Aged. Find out more here.