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last will and testament for scotland checklist

make it legal™ checklist

here are a few important steps to take to finish your document

read the document to make sure it meets your needs and that you’ve provided all of the necessary information about your wishes. remember that, if you have any questions, you can ask a lawyer for advice. for more information, read making your will

wills must be signed in print (ie ‘wet signed’) and they must be witnessed. to do this:

  • print out a copy of your will

  • before signing, carefully read through your will again 

  • sign your will on each page. you’ll see your name below a dotted line at the foot of each page. you must sign on this dotted line on each page of your will using your usual signature. you do not need to include any middle names that you have, unless these are normally included in your signature

  • in the presence of your witness and in the spaces provided, at the bottom of the will you should sign and date the document (eg 'the 6th day of june 2012') and insert the location of where you are signing the document

the signing and dating of your will must be witnessed. follow these guidelines on witnessing:

  • a witness is someone who is present when you are signing your will

  • your witness can be anyone of your choosing, except that they:

    • must not be named in your will (eg as a beneficiary or an executor)

    • must be at least 16 years old

    • must not have any mental impairment

    • should have credible evidence of your identity at the time of signing 

your witness does not need to read your will but they must watch you sign the pages of your will. once you have finished signing your will, your witness must sign their name and complete the signing information on the last page of the will, ideally in block capitals.

you must not alter your will after it has been signed as this may invalidate it. this includes attaching anything (eg a codicil) to it.

make a copy of your will and safely store the original. tell someone where you have stored your will, for example, your executor(s). there are various options for places to store your will, for example, with a solicitor or a bank.  

review your will regularly and make any necessary changes, especially if there are any changes to your circumstances (eg if you get married or have a child).

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