What makes a Will valid in Scotland?

In Scotland, for a Will to be legal and valid it must be the original document, signed on each page by the maker and include the signature of a witness on the last page.

If a Will has not been signed properly, for example where the signature has been missed on a page or a homemade Will is only signed on the last page, then an application must be submitted to the Court asking for the Will to be validated.

If the Will has not been made in Scotland, there may be different rules about how it is signed and witnessed. It might have to be validated by a solicitor from that country before Confirmation will be granted.

We can prepare the Court application to correct the Will to allow you to then apply for Confirmation and receive your inheritance.

Is the original Will missing?

If the Will has gone missing and you only have a copy, it is possible to make an application to the Court to prove that it is a real copy of the original and should be treated as valid. This can be more complex and may involve obtaining Affidavit statements. We can offer guidance on this and, if it required, we can help you find the right solicitor to deal with this.