Max George, singer from the band The Wanted, recently revealed that he had hastily “written a DIY Will” on his iPhone before undergoing major surgery. But would such a Will be valid under Scottish law?
What makes a Will valid in Scotland?
In Scotland, certain legal formalities must be followed for a Will to be considered valid. At its most basic, a valid Will must be signed by the Testator (the person writing the Will).
However, for a Will to be probative - meaning it can prove its own authenticity without further evidence - it must meet additional requirements:
- It must be signed and witnessed by an independent adult witness (aged of 16 or over).
- It must include the full name and address of both the Testator and witness, along with the date and place of signing.
- The Testator must sign the bottom of every page of the Will.
The risks of DIY Wills
While jotting down your wishes on your phone or piece of paper may seem like a quick and cost-effective way to decide the division of your estate, DIY Wills often fail to meet the formal legal requirements, leading to significant issues later.
If your Will is deemed invalid, there’s no guarantee that your estate will be distributed according to your wishes. In fact, it may be treated as if you died without a Will - falling into intestacy. Under Scottish intestacy laws, the division of your estate would be determined by a set legal formula, which may not reflect your intentions for your property and money.
Even if your DIY Will is technically valid but contains errors or informalities, additional paperwork or court proceedings may still be required, adding unnecessary stress and expense for your loved ones.
Peace of mind for the future
If you are concerned about a DIY Will that you have drafted, or unsure whether your wishes have been properly recorded, our Private Client Team is here to help. We can ensure your Will meets all the necessary legal requirements, giving you peace of mind that your estate will be handled according to your wishes.
Published 20 January 2025
