A will is a legally binding document that says who inherits your estate, who will look after it and, if you have young children, who will care for them. Without one, the rules of intestacy decide for you, and the result is often not what people expect. Our will solicitors in Glasgow make the process simple: we listen, explain your options in plain English and draft a will that does what you want it to do.
SGT Law Firm is based in Glasgow and advises clients across Scotland. Your first hour with one of our solicitors is free, so you can talk through your plans before you commit to anything.
Our will writing service in Glasgow
Every will we draft is written for the person making it. Our solicitors can help with:
- Single wills for anyone who wants to set out their wishes clearly, whatever the size of their estate.
- Mirror wills for couples who want to leave everything to each other and then to the same beneficiaries.
- Updating an existing will, either with a new will or a codicil (a short document that changes part of a will).
- Appointing executors, the people who will wind up your estate and carry out your instructions.
- Naming guardians for children under 16, so the people you trust are in place if the worst happens.
- Gifts and legacies, from a sum of money or family heirloom to a gift to charity.
- Trusts within a will, for example to protect an inheritance for young or vulnerable beneficiaries.
- Estate planning, including how your property is owned and how inheritance tax may affect what you leave.
Many clients also put a power of attorney in place at the same time. A will deals with your estate after you die; a power of attorney lets someone you trust make decisions for you if you lose capacity during your lifetime.
What happens if you die without a will in Scotland?
If you die without a valid will, you die intestate and Scots law decides who inherits. Under the rules of intestate succession:
- A surviving spouse or civil partner has “prior rights” to the family home up to a set value, its furniture and a cash sum, followed by “legal rights” to part of the rest.
- Children have legal rights to a share of the moveable estate (money, investments and belongings), with the remainder passing under a fixed order set out in law.
- Where there are no children, recent changes mean a surviving spouse or civil partner now inherits the whole estate, ahead of parents and siblings.
- An unmarried partner has no automatic right to inherit. A cohabitant has to apply to the court within a strict time limit and the outcome is not guaranteed.
The court may also need to appoint an executor before anyone can deal with your assets, which adds cost and delay at a difficult time. Read more in our guide to what happens if a person dies without a will in Scotland.
What makes a will valid under Scots law
A will in Scotland must be in writing, made voluntarily and signed by the person making it at the end of the last page. You must be 12 or over and able to understand what you are signing. Scots law does not require a witness for a will to be valid, but a properly witnessed will is “self-proving”, which means the court will normally accept it without further evidence.
To make a will self-proving, you sign every page and one witness aged 16 or over watches you sign the last page, then adds their own signature, full name and address. Your witness should not be a beneficiary or related to one, as this can lead to a challenge. When we draft your will, we arrange the signing so these formalities are followed correctly.
We also talk you through where to keep the signed original so your executors can find it. A will can be registered in the Books of Council and Session, held by the Registers of Scotland, which keeps an official copy on record.
Legal rights: what you can and cannot leave
Scotland is different from England in one important way: you cannot fully disinherit a spouse, civil partner or child. Whatever your will says, they can claim legal rights from your moveable estate:
- A spouse or civil partner can claim one third of the moveable estate if there are children, or one half if there are none.
- Children can share one third of the moveable estate if there is a surviving spouse or civil partner, or one half if there is not.
Land and buildings, including the family home, are not subject to legal rights. A beneficiary who claims legal rights gives up what the will leaves them, so careful drafting matters, particularly in blended families. Our guides explain children’s inheritance rights in Scotland and whether you can stop a child inheriting.
Choosing your executor or executors
Your executors collect your assets, pay any debts and tax liabilities, and distribute what is left to your beneficiaries. You can name family members, friends or a professional, and an executor can also be a beneficiary. Most people appoint at least two, or name a substitute in case the first cannot act.
After a death, the executor applies to the sheriff court for confirmation, the Scottish equivalent of probate, before they can access bank accounts or sell property. If problems arise later, see our guide on how an executor can be removed.
When it is important to update your will
A will should change as your life changes. We recommend reviewing yours every few years and after any major event, such as:
- Marriage or civil partnership. In Scotland, marriage does not cancel an existing will, so your new spouse may not be provided for as you intend.
- Divorce or separating. Since the Succession (Scotland) Act 2016, divorce or dissolution normally removes a former spouse from your will, but separation does not. If you are separating, update your will now. Our divorce solicitors can advise on both at the same time.
- The birth or adoption of a child, or a new grandchild you want to include.
- Buying or selling property, or a significant change in your savings, pensions or business interests.
- An executor or guardian who has died, moved away or is no longer the right choice.
Using a solicitor or an online will writing service?
Online will writing services and DIY kits can look cheaper, but they often do not reflect Scots law, and mistakes may only come to light when it is too late to fix them. Common problems include wills that are not signed correctly, gifts that fail because they ignore legal rights, and no plan for what happens if a beneficiary dies first.
Using a solicitor means your will is drafted by a qualified professional regulated by the Law Society of Scotland, who can provide expert advice on your circumstances and guide you through the process from start to finish.
How much does a will cost?
The cost of a will depends on how complex your estate and wishes are. A straightforward single will or a pair of mirror wills costs less than a will that includes trusts or detailed tax planning. Your first hour with us is free, and we will tell you the cost before any work begins, so there are no surprises.
How our wills solicitors work with you
- Free 1 hour consultation. We talk through your family, your assets and what you want to happen, in person in Glasgow or by phone.
- We draft your will. Your solicitor prepares a draft and explains each clause in plain English.
- You review it. We make any changes until you are happy that it reflects your wishes.
- Signing. We make sure your will is signed and witnessed correctly, giving you peace of mind that it will stand up.
Why choose SGT Law Firm
Our directors have 76 years of combined experience in legal services. We are a Glasgow firm that gives clear legal guidance without jargon, and we stay in touch at every stage. Because we also advise on family law, separation and divorce, we can see how a change in your relationship affects your will and your wider estate planning.
