Legal language can be pretty tricky, especially when you're making a Will. This can be a turn-off for many, making the whole process seem complex and something we often delay for another day.
Legal terms can be confusing
But this is changing.
In this series of guides, we will explain how Wills in Scotland are made, using plain English to demystify legal terms and concepts. We believe that everyone should be able to make a simple Will, without being an expert or having the need for a solicitor.
We will take you through the process of registering an account and writing a Will; explaining what a Testator is and how to create a Testator and review the information, before moving on to the other steps.
What does Testator mean?
The first legal term you will encounter when you make a will in Scotland is Testator.
Let's understand what a Testator is:
The person who has made a Will is called a Testator. When the Testator makes their Will, they must have 'testamentary capacity' to make the decision about their estate, otherwise the Will is considered invalid. In Scotland the Testator must be over 12 years old and sign each page of their Will with a single witness signature. However, in England and Wales the Testator must be over 18 years old, and sign only the last page with two witnesses.
Now that we understand the legal terminology, let’s take a look at how you create a Testator when you make your own Will.
1. Getting Started
To start writing your Will you will need to register for an account with WeWill.
Once you have logged in using your email and password, you will be shown several steps that need completing before you can purchase your document. The first step is to complete the Testator information.
Let’s use the Get started button to begin.
2. How to enter the Testator details
Simply check the full legal name of the person who the Will is for is correct. This is your name, unless you are assisting another person to write their Will.
Next enter your date of birth. And finally your address.
The UK Address Search field at the top will help you find the address quickly and automatically enter the details into the correct fields. Otherwise you can enter the address fields manually.
3. Quick Guide
Each step has a friendly Quick Guide with helpful information explaining the process if you are unsure.
4. Review the Testator details
Once you are happy the details are correct, use the Save and Continue button to move on to the review page. The details are now securely stored and are displayed for you to review, before moving on to the next step.
If you need to change any of the details, simply use the Edit details button to make changes. Otherwise use the Continue button to move to the next step.
It’s that easy.
The information about the Testator is now securely stored and will be used in your Will document.
Wrapping up
The testator is simply the person with capacity who is making the Will. Every Will document must have a Testator named, whether the Will is made in Scotland or England and Wales.
The process of creating a Testor with WeWill is straightforward:
- Register for an account
- Login using your email and password
- The first step displayed is the Testator
- Check your Testator name is correct
- Enter your date of birth
- Enter your address using the search field or enter the address manually
- Save and Continue to review your details
- Use the Edit details button to make changes
We also provide a Help Centre with comprehensive guides for writing your Will and other important information about your account, steps after completing your Will and more.
The process is then complete and you will proceed to complete the next step; The Executors.
