Scottish Will 2026 — Standard Will (Scotland Only)

Who it's for

• Adults domiciled in Scotland with a straightforward estate
• Unmarried couples in Scotland who want their partner to inherit
• Separated people who have not divorced and want to update their wishes

What's included

• Scotland only guidance and about this document
• Prior Rights — the surviving spouse's first claim on intestacy, with current limits
• Legal Rights table — what the spouse, civil partner and children can claim from the moveable estate
• Cohabitants warning and the 2024 Act change, including a warning for separated couples
• The will: testator details, revocation, executors, guardians for children under 16, specific bequests, residue, funeral wishes and declaration
• Signing guidance, signature blocks and a record-keeping note

Key points covered

• Legal Rights to the moveable estate cannot be defeated by the will: one third each to spouse and children collectively, or one half if only one group survives
• Prior Rights apply on intestacy, including where part of an estate is not validly disposed of
• Cohabitants have no automatic right to inherit — name them in the will
• For deaths from 30 April 2024 a surviving spouse ranks ahead of parents and siblings on intestacy where there are no descendants
• The will needs one witness aged 16 or over; the template recommends a non-beneficiary witness
• Executors apply to the Sheriff Court for Confirmation

Read the guide

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