Rules of Intestacy Scotland: Why every Scot needs a Will
What are the Rules of Intestacy in Scotland in 2024?
- by allan@wewill.co.uk
- Nov. 14, 2024

When you think about planning for the future, a Will may not be at the top of your list. Life is busy, and it's easy to put off the process, especially when it feels like it's only relevant for the elderly or wealthy. However, if you live in Scotland, understanding what happens if you die without a Will—known as intestacy—can save your loved ones from confusion, stress, and even heartache.
That's why WeWill provides a new up-to-date guide: The Rules of Intestacy Scotland, a resource to demystify these laws and help you take control of your legacy.
What Are the Rules of Intestacy in Scotland?
Under Scots law, the rules of intestacy determine how your estate—everything you own, from your home to your savings—is distributed if you pass away without a valid Will. These rules may not reflect your wishes, for example:
Spouses and Civil Partners: They don't automatically inherit everything.
- Children and Grandchildren: They could have a claim that complicates matters.
- Unmarried Partners: They are not entitled to anything under intestacy rules.
- Distant Relatives or the Crown: If no immediate family is found, your estate could go to distant relatives or even revert to the Crown.
Imagine your partner of 20 years being left with nothing simply because you weren't legally married. Or your carefully built business being divided in ways that harm its future. This is the reality of intestacy in Scotland.
How WeWill's Guide Can Help
WeWill's Rules of Intestacy Scotland guide is designed to make it easy for you to understand what's at stake. We've created some useful resources:
- Interactive Quiz: Answer a few yes/no questions about your family circumstances, and we'll show you how the law would divide your assets. It's simple, quick, and eye-opening.
- Free Guide Download: A visually engaging guide to the rules of intestacy, perfect for sharing with family or using as a starting point for conversations about planning.
The Emotional Cost of Intestacy
Dying without a Will isn't just a legal issue—it's an emotional one.
Families can find themselves in the middle of disputes about who gets what, creating divisions at a time when they should be supporting one another. According to research, family disagreements over inheritance are on the rise, particularly in complex family structures.
Even well-meaning relatives may find themselves at odds with each other, especially if the intestacy rules create outcomes that seem unfair. Having a Will in place ensures clarity and reduces the potential for conflict.
Why Choose WeWill?
We pride ourselves on being more than just a Will-writing service. Here's why we stand out:
- Scottish Expertise: Our Wills are written under Scots law, ensuring they are tailored to your unique legal system.
- Simple and Affordable: Our online platform makes creating a Will as straightforward as possible—no legal jargon, no hidden fees.
- Values You Can Trust: We're rooted in respect, trust, and quality, and we're here to make planning your future easier, not harder.
Take the First Step Today
If you're not sure where to start, that's okay. Our guide is here to help. Take our Rules of Intestacy Scotland Quiz, download the free guide, and explore how WeWill can guide you toward a solution that's right for your family.
Don't leave your legacy to chance. Take control, plan ahead, and give your loved ones the clarity they deserve.
Can you trust an online Will? Understanding the legalities in Scotland
What to consider before creating an online Will in Scotland
- by allan@wewill.co.uk
- Nov. 2, 2024

Wondering if an online Will is legally valid in Scotland? Our guide breaks down the essentials for creating a legally binding online Will under Scots law. From understanding the requirements for a valid Will to knowing when to consult a solicitor, this article provides clear guidance on ensuring your digital Will meets all legal standards. With WeWill’s secure online platform and expert support, creating a Will has never been easier. Discover if an online Will suits your needs and how to make your wishes legally protected.
Making a Will Scotland
- by allan@wewill.co.uk
- July 6, 2023

Making a Will is essential to ensure your assets and belongings are shared according to your wishes after you die. Specific rules must be followed when writing your Will in Scotland to make sure your document is legally valid. Some of these rules can differ from those in England and Wales or Northern Ireland.
I'm young and healthy, what age should I make a Will?
Think you're too young to make a will?
- by allan@wewill.co.uk
- Oct. 25, 2024

Think you're too young to make a will? Discover how taking this crucial step now can protect your loved ones, secure your assets, and provide peace of mind—no matter your age or health.
Adding Executors in a Will
Who should you choose to carry out your wishes?
- by allan@wewill.co.uk
- Jan. 14, 2024

In our first guide we explained who the Testator in a Will is and how to create a Testator when writing your Will with WeWill. In this guide, we will be looking at the role of an Executor of a Will and their duties.
What is a Testator in a Will
A simple guide for Scottish Wills
- by allan@wewill.co.uk
- Dec. 5, 2023

The testator is simply the person with the capacity to make the Will. Every Will document must have a Testator named, whether the Will is made in Scotland or England and Wales. In this series of guides, we will explain how wills in Scotland are made, using plain English to demystify legal terms and concepts. We will take you through registering an account and writing a Will. We will explain what a Testator is and how to create a Testator and review the information, before moving on the other steps.
The emotional side of estate planning
Having difficult conversations
- by allan@wewill.co.uk
- Oct. 12, 2023

Estate planning is a journey that goes beyond financial and legal considerations. It's a reflection of your life, your values, and the people you care about most. While discussions about assets, beneficiaries, and legal documents are crucial, there's an emotional dimension to estate planning that often gets overlooked: having difficult conversations about death and the future.
Ensuring your partner is included in your Will for a secure future together
- by allan@wewill.co.uk
- Aug. 2, 2023

Life is a journey of change, growth, and connections, and undoubtedly relationships evolve over time. When it comes to estate planning, particularly your Will, it's crucial to ensure that it accurately reflects your current circumstances. Whether you're in a new relationship, have recently married, or have experienced a change in your partnership status, updating your Will is an essential step to secure your partner's future.
Can I write my own Will without a solicitor?
- by allan@wewill.co.uk
- July 15, 2023

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.
Making a lasting impact through charitable giving
- by allan@wewill.co.uk
- June 8, 2023

Everyone needs a helping hand at times and charitable giving is a powerful way to make a difference in the world and support causes that are important to you. However, many people struggle with how to make a lasting impact through their donations. Here are some tips and strategies for making a lasting impact through charitable giving.