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Scotland vs England Will Differences

Also known as: Last Will and Testament, Testament

Definition

Scotland and England operate under separate legal systems with different rules for wills, including how many witnesses are needed, who can inherit, and whether spouses and children have automatic entitlement to part of your estate.

Understanding these differences is critical if you own property in both countries, move between jurisdictions, or want to ensure your will is legally valid throughout the UK.

What Does Scotland vs England Will Differences Mean?

Scotland and England have completely separate legal systems for wills, dating back centuries. The Wills Act 1837 governs England and Wales but does not apply to Scotland. Instead, Scottish wills are governed by their own legislation: the Succession (Scotland) Act 1964, Succession (Scotland) Act 2016, and Requirements of Writing (Scotland) Act 1995. These aren't minor variations—they're fundamental differences that affect whether your will is valid and how your estate gets distributed.

The most significant practical differences between Scottish and English wills include witness requirements, signature placement, and family inheritance rights. In Scotland, you need only one witness compared to England's two, but Scottish testators must sign every page of their will (not just the last page like in England). The witness must provide full identification including their address and occupation. More importantly, Scotland operates a "legal rights" system that gives spouses and children automatic entitlement to part of your moveable estate—savings, investments, and personal property, but not land. This share is one-third to your spouse and one-third to your children (with one-third freely disposable) if both survive, or one-half each if only spouse or children survive. England has no such forced heirship system—you have complete freedom to disinherit anyone you choose.

Other key differences include age requirements (Scotland allows wills from age 12, England requires age 18 under the Wills Act 1837), the effect of marriage (marriage automatically revokes English wills under Section 18 unless made in contemplation of that marriage, but doesn't invalidate Scottish wills), and beneficiary witness rules (in Scotland, beneficiaries can witness the will and still inherit; in England, Section 15 of the Wills Act 1837 prevents beneficiary witnesses from inheriting). Consider David, who dies in Glasgow with £300,000 in savings and a £400,000 house. Even if his will leaves everything to his wife Emma, his two adult children can claim one-third of the moveable estate (£100,000 divided between them) as legal rights. The house isn't subject to these rights. If David lived in England, Emma could receive the entire estate as specified in the will—the children would have no automatic entitlement.

You generally don't need two separate wills even if you own property in both Scotland and England. One properly drafted "hybrid" will that meets the stricter requirements—two witnesses, signing every page—can be valid in both jurisdictions. What matters most is your domicile (where you permanently reside) for moveable assets, while land is always governed by the law where it's located. If you move from England to Scotland or vice versa, review your will with a solicitor. It might still be formally valid, but could have unexpected consequences under the new jurisdiction's succession law, particularly regarding Scottish legal rights that cannot be avoided simply by having an English will.

Common Questions

"What are the main differences between Scottish and English wills?" The main differences are: Scotland requires only one witness (England requires two), Scottish testators must sign every page (English testators sign only the last page), and Scotland has "legal rights" which give spouses and children automatic entitlement to part of the moveable estate regardless of what the will says. Marriage also doesn't invalidate a Scottish will, whereas it does in England and Wales.

"Can I use an English will if I live in Scotland?" A will that's validly executed under English law will generally be accepted as formally valid in Scotland. However, if you're domiciled in Scotland, Scottish succession law will govern how your estate is distributed, including legal rights for spouses and children. It's usually advisable to create a Scottish will if you're permanently resident in Scotland.

"Do I need separate wills for property in Scotland and England?" No, you don't usually need two separate wills. One properly drafted will can cover assets in both jurisdictions, provided it meets the signing requirements of both countries. Your domicile (permanent residence) determines which succession law applies to your moveable estate, while land is governed by the law where it's located.

Common Misconceptions

Myth: "If I own property in both Scotland and England, I need two separate wills—one for each country."

Reality: One properly drafted will can cover assets in both jurisdictions. A "hybrid" will that meets the stricter requirements—two witnesses and signing every page—will be valid in both Scotland and England. You only need separate wills in complex situations or where there's a specific tax or legal advantage. This should be arranged by a solicitor with expertise in both jurisdictions.

Myth: "Scottish wills are less strict than English wills because they only need one witness."

Reality: Scottish wills aren't "less strict"—they're just different. While Scotland requires only one witness compared to England's two, Scottish law requires the testator to sign every page (England only requires signing the last page), and witnesses must provide full identification including address and occupation. Plus, Scotland's legal rights system actually restricts testamentary freedom more than English law by preventing you from completely disinheriting spouses and children from moveable assets.

  • Testator: The person making the will; this term is used in both Scottish and English law, though the legal requirements the testator must meet differ between jurisdictions.
  • Executor: The person appointed to administer the estate; called the same in both jurisdictions but the process differs (Confirmation in Scotland vs Probate in England).
  • Codicil: A document that modifies an existing will; the concept exists in both Scottish and English law but must meet the relevant jurisdiction's validity requirements.
  • Scottish Law: Broader term for the distinct legal system in Scotland; this entry is a specific application of how Scottish law differs from English law in the context of wills.
  • Legal Jurisdiction: Explains which legal system has authority over a particular matter; critical for understanding which will law applies based on domicile and asset location.

Need Help with Your Will?

Understanding the legal requirements for your UK location is essential for creating a valid will. If you're domiciled in Scotland or have complex cross-border assets, consult a Scottish solicitor who can address legal rights and ensure compliance with both jurisdictions.

Create your will with confidence using WUHLD's guided platform for England and Wales. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.