Scottish Wills - Executing a Scottish Will



 

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Executing a Scottish Will

Once you have created a Scottish Will, your next step is to enusre that it is executed correctly. To do this the testator and the witness must both sign and witness the will.

In order for a standard ‘subscribe and attest’ will to be valid, at least one person must witness the testator sign the will. While there is no specific age requirement for witnesses, we recommend that you only use a witness who is at least 16 years of age. In addition, you should also refrain from using a witness who is also a beneficiary or alternate beneficiary under your will (or the spouse of any such beneficiary). If a beneficiary under a will (or their spouse for that matter) acts as a witness then the gift to the beneficiary will be deemed to be void. The will, however, will otherwise remain valid.

 

In order to formally execute your will, you will need to execute it in the following manner:-

  • in the presence of your witness, and using a pen, you should sign your name at the foot of each page of the will;

  • you should then sign your name in the space provided for signature on the final page of your will as well as insert the date (in words) and details of the place of execution of your will;

  • your witness should then write his/her name, address and occupation in the space provided on the final page of the will and also sign their name with their normal signature.

 

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