What the law says

The UK laws say that a Will document must conform to the Requirements of Writing (Scotland) Act 1995. The Act requires your Will to be a written document made by the Testator who has the capacity and testamentary intention, has signed on each page and witnessed by a suitable person on the last page.

You can make a will yourself, and there is no need for your Will to be made by a solicitor, however for it to be legally binding in Scotland it must comply with various requirements. If not, and these rules are not followed, your Will will not be valid. Some of the rules detailed are specific to Scotland and differ from those in England and Wales or Northern Ireland.

Should you use a solicitor?

It is advised to have a solicitor check a will you have written to make ensure it is legally valid and correctly reflects your wishes. This is where WeWill is different to most online will-writing services; our simple Wills and the clauses are pre-checked by Scottish solicitors. This means that our service always delivers an accurate and valid document, ensuring the content and instructions are clear.

How do I know if I need a simple Will

Before you start writing, we ask five simple questions to guide your suitability for a simple Will. These questions identify if you require professional legal advice on inheritance tax, care cost planning, property abroad, or a complex family structure.

Online will-writing services

Online will writing services like WeWill offer an easy way to make your Will. The platform asks all the necessary questions to collect your intentions, checks that the information has been entered correctly, generates the clauses and delivers a legal document ready to sign and witness. When you need to make changes to your Will, you can do so at any time for free, and those changes are also checked, providing you with a new legal document.

An additional benefit is that WeWill offers a free Will storage service when you have made and witnessed your Will. This secure location checks that your Will has been signed and witnessed correctly, confirm receipt, and your family can easily locate the Will after you die. The advantage of making your own Will this way is that you will avoid making the common mistakes found when using other methods:

  • Excluding children
  • Forgetting to appoint guardians
  • Leaving out assets
  • Signing and witnessing the Will incorrectly

Do I need a solicitor to witness my Will

Anybody can be a witness to your Will. They must be 18 and over with the capacity to attest to your signature, preferably not a relation, nor have they been named in the Will. If required, a solicitor can be a witness to your Will, and you can be assured of their independence and impartiality.

Why do I need a witness?

Witnessing a Will is an essential part of the process that makes it valid. Without a witness signature, your Will is incomplete and does not form a legal document.

How many witnesses do I need?

Since 1995, you only need one witness when signing a Scottish Will. The rules in England & Wales differ, requiring two witnesses instead.

How do they witness the document?

The witness should not be an executor or a beneficiary in the Will unless there is no alternative option. They must see you sign each page of the document, or you can acknowledge your signature if it has been signed before they are present. Finally, the witness signs their name and prints their full name, address and date on the last page only in the witness block. When complete, the document becomes legally valid.

Do I need a solicitor to store my Will

You may choose to store your Will anywhere you wish. A digital copy or photocopy of your Will is not the same as the original written (printed) signed document, so it is important to take care of it properly. Wherever you choose to store your Will, make sure that the named executors know where to locate it after you die.

Where can I store my Will

You can keep it in your home. However, using a safe place for such an important item is recommended.

Where should I store my Will

You should use a safe and secure Will storage service; this is a fire-proof document safe managed by a private company or, more often, by a solicitors firm.

When you choose to write your Will with WeWill, we offer access to a free-of-charge Will storage service in partnership with a regulated Scottish solicitor. We provide instructions on using the service once you have completed writing and purchased your Will. When you send your signed Will, the signatures will be checked, and a confirmation of receipt is sent to the testator.

How much does storage cost

WeWill provides free Will storage when you purchase a Will with us. Alternately, most solicitors can provide storage when you use their services, this can be a chargeable service depending on the firm.

Write your own Will online

Can I write my own will? Yes, writing your own Scottish Will without a solicitor is legal and simple with WeWill. All the rules stated in the Requirements of Writing (Scotland) Act 1995 are included in our platform, giving you the peace of mind that your Will is legal and valid in Scotland. You can start writing your Will today, purchase when you have completed writing the contents and use our free storage service.