With so many legal templates now available online, it’s understandable that people might consider writing their own Will to save time and money. Do-it-yourself Will kits and downloadable forms promise simplicity and low cost. But when it comes to planning what happens after you pass away, taking shortcuts can have serious consequences.
If you live in Scotland, it’s crucial to understand that our laws around Wills and inheritance differ from those in England. A Will that looks valid on paper might not hold up under Scots law, and that could leave your family facing complications at an already difficult time.
Why Scots Law Requires Careful Handling
Scotland has its own legal rules for making a Will, including how it must be signed, witnessed and interpreted. Many DIY options are designed with English law in mind and don’t account for key differences, such as the legal rights of a spouse or civil partner and children to share in your estate, or the Confirmation process (our version of probate). If your Will is based on the wrong system, it might not work as you intended.
Common Mistakes in Homemade Wills
We regularly come across DIY Wills that contain:
- Unclear or contradictory language
- Missing or invalid witnessing
- Incorrect signing or formatting (including the need to sign every page in Scotland)
- No revocation of previous Wills
- No backup plans for executors or beneficiaries
- Lack of consideration for tax or jointly owned assets
Even minor errors can create confusion and disputes, or even render the Will invalid.
Why a Do-It-Yourself Cheap Will Can Be a Costly Mistake
It might seem like you’re saving money by drafting your own Will, but if it’s not valid or is open to challenge, your estate could face legal fees, delays, and emotional fallout. Disputes over ambiguous or poorly drafted Wills are among the most expensive and upsetting inheritance cases we see.
Wills and the Risk of Legal Challenges
In Scotland, you can’t completely cut out children from your Will. The law gives them certain automatic rights to your moveable estate. A DIY Will may overlook this, leaving it open to dispute. Other common grounds for challenge include doubts over your mental capacity, claims of undue pressure, or incorrect signing. A solicitor can help prevent these problems before they arise.
Why It Pays to Use a Solicitor
By working with a solicitor, you benefit from:
- Legal advice tailored to your family circumstances
- Guidance on inheritance tax, legal rights and succession planning
- A Will that is properly drafted and legally valid in Scotland
- Long-term support as your situation evolves
- Peace of mind for you and your loved ones
Will Writing Advice in Rutherglen and Across Scotland
At Carr Berman Crichton, we help individuals and families in Rutherglen, Glasgow and throughout Scotland prepare legally sound Wills that reflect their wishes and protect their loved ones. Whether you’re making your first Will or updating an old one, our team will guide you through the process with clear, professional advice.
Don’t risk leaving behind confusion or conflict. Contact Carr Berman Crichton today and make sure your Will is done right — for your peace of mind and your family’s future.
If you like this, you may also be interested in these articles:
Don’t Make Handwritten Wills – if you do, don’t make more than one!
Donating to charity through a Will
Thinking about updating your Will? Don’t do it on the back of an envelope!
