Best Will & Testament Lawyers in Aberdeen

About Will & Testament Law in Aberdeen, United Kingdom

A will is a legal document that sets out how your estate is to be dealt with after your death. In Aberdeen, wills and succession are governed by Scots law. The rules in Scotland differ in important ways from those in England and Wales, including the concept of legal rights for certain family members and the process known as confirmation rather than probate. A properly prepared Scottish will lets you appoint executors, choose who receives your assets, make specific gifts, provide for charities, and nominate guardians for children. Without a will, your estate is distributed according to statutory intestacy rules, which may not reflect your wishes.

Why You May Need a Lawyer

Many people can benefit from tailored legal advice when preparing or updating a will. You may wish to involve a solicitor when you own a home or have a mortgage, have children or dependants to provide for, wish to appoint guardians, run a business or own shares, hold assets in different parts of the UK or overseas, are part of a blended family, intend to leave unequal shares among children, want to set up trusts for vulnerable or young beneficiaries, are concerned about claims against your estate, plan charitable giving, or wish to ensure tax-efficient succession. A solicitor can also help if you are dealing with the estate of someone who has died, including applying for confirmation, preparing the inheritance tax account, and distributing the estate.

Local Laws Overview

Capacity and age. In Scotland, a person aged 12 or over can generally make a will if they understand what they are doing. Testamentary capacity also requires that the person is not affected by undue influence or lack of understanding.

Formal validity. The Requirements of Writing Scotland Act 1995 sets out how wills must be executed. A will must be in writing and signed by the person making it at the end of the document. Having one independent witness aged 16 or over who signs and provides their details makes the will probative, which means it proves itself without additional evidence. An unwitnessed signed will may still be valid but can be harder and costlier to prove after death.

Beneficiaries as witnesses. In Scotland, a beneficiary can be a witness without invalidating their gift, but it is safer to use a witness who is not a beneficiary to avoid disputes.

Revocation and changes. A will can be revoked by making a later will or written revocation, or by destroying the will with the intention to revoke. Marriage or civil partnership does not revoke a Scottish will. Divorce or dissolution generally cancels any provision in favor of a former spouse or civil partner and their appointment as executor unless the will states otherwise. Changes should be made by a new will or a properly executed codicil.

Legal rights. Scots law gives a surviving spouse or civil partner and children legal rights to a share of the moveable estate, regardless of the terms of the will. Moveable estate includes money, investments, cars, and personal belongings, but not heritable property such as land and buildings. Legal rights can affect how much beneficiaries under your will ultimately receive.

Prior rights and intestacy. If there is no will, the Succession Scotland Act 1964 and later amendments govern succession. The surviving spouse or civil partner has prior rights to the family home up to a certain value, to furniture up to a set value, and to a cash sum. These amounts are set by law and updated from time to time. After prior rights and legal rights are satisfied, the free estate passes in a statutory order that prioritizes children and their descendants, then parents and siblings, then more distant relatives. If there are no qualifying relatives, the Crown takes as ultimus haeres. Cohabitants who are not married or in a civil partnership can apply to the Sheriff Court for financial provision from an intestate estate, but must do so within strict time limits.

Executors and confirmation. The person who administers the estate is the executor. If named in the will, they are an executor-nominate. If not, the court can appoint an executor-dative. Estates in Scotland are administered through the Sheriff Court in a process called confirmation. Executors prepare an inventory of the estate and, where required, inheritance tax forms, then apply for a grant of confirmation to collect and distribute assets. Aberdeen Sheriff Court deals with confirmation for estates where the deceased was domiciled within its area.

Inheritance tax. Inheritance tax is a UK-wide tax. There is a nil-rate band and an additional residence nil-rate band for qualifying estates. Transfers between spouses or civil partners are generally tax-free, and charitable legacies can reduce the rate of tax on the rest of the estate. Tax rules are complex and change from time to time, so advice is recommended.

Property and survivorship. Joint property that includes a special destination survivorship clause usually passes to the surviving joint owner automatically and falls outside the will. Title to heritable property is transferred by deed registered in the Land Register by the executor or beneficiary. Planning is needed to coordinate your will with joint ownership and beneficiary designations.

Trusts and vulnerable beneficiaries. Scottish trusts can be used to hold funds for young or vulnerable beneficiaries, manage business or agricultural assets, or protect family wealth. Trust law in Scotland has its own rules, and trustees have specific duties and powers. Specialist advice is essential when establishing or administering a trust.

Frequently Asked Questions

Do I need a solicitor to make a will in Aberdeen

No, but it is strongly advisable. A solicitor ensures the will is valid under Scots law, addresses legal rights, fits with your tax position, and uses clear terms. A professionally prepared will reduces the risk of disputes and delays for your family.

What makes a will valid in Scotland

A will must be in writing and signed by you at the end of the document. One independent witness aged 16 or over who signs and includes their details makes the will probative, which means it can be accepted by the court without further proof. You must have capacity and act freely without undue influence.

Can a beneficiary witness my Scottish will

Yes. Unlike in England and Wales, a beneficiary who witnesses a Scottish will does not lose their gift. However, best practice is to use a witness who is not a beneficiary to avoid potential challenges.

At what age can I make a will in Scotland

From age 12, provided you understand what a will is and the effect of what you are doing.

What are legal rights and can I disinherit my spouse or children

Legal rights give a spouse or civil partner and children a claim to a fixed share of your moveable estate, even if your will says otherwise. You can reduce the impact through planning, but you cannot simply remove these rights by stating so in your will.

What happens if I die without a will in Aberdeen

Your estate will be distributed under Scottish intestacy rules. The surviving spouse or civil partner has prior rights and may also have legal rights. The rest of the estate passes to relatives in a set order. Cohabitants can apply to the Sheriff Court within a strict time limit, but they do not have automatic rights.

Does marriage or divorce affect my Scottish will

Marriage or entering a civil partnership does not revoke a Scottish will. Divorce or dissolution usually cancels gifts to and the appointment of your former spouse or civil partner unless the will clearly states otherwise. You should always review your will after major life events.

Is an English or overseas will valid in Scotland

Often yes, if it complies with conflict of laws rules such as the Wills Act 1963 and was valid where you were domiciled, habitually resident, or a national when you made it. Even so, Scots law concepts like legal rights still apply to your Scottish estate, so local advice is important.

What is confirmation and how long does it take

Confirmation is the Scottish equivalent of probate. Executors submit an inventory of the estate and any required tax documentation to the Sheriff Court. Timescales vary with the complexity of the estate and court workload. Straightforward estates can be completed in a few months; complex estates can take longer.

Do I need to notarize or register my will

No notarization is required. There is no public register for living wills in Scotland. Keep the original in a safe place and tell your executors where it is. Many solicitors offer secure storage and can note your will on a private will register so it can be traced later.

Additional Resources

Scottish Courts and Tribunals Service for information on confirmation and Sheriff Court procedures.

Aberdeen Sheriff Court for local confirmation applications and queries about court fees.

Law Society of Scotland for guidance on wills and to find a local solicitor in Aberdeen.

Citizens Advice Scotland for accessible guidance on wills, powers of attorney, and dealing with a death.

HM Revenue and Customs for inheritance tax rules, thresholds, and forms.

Scottish Government and mygov.scot publications for plain language explanations of succession, legal rights, and cohabitants claims.

National Records of Scotland for records related to estates and confirmation after a death.

Next Steps

List your assets and liabilities, including jointly owned items, pensions, life policies, digital assets, and any business interests. Identify who you want to benefit and in what shares, and consider substitutes if someone dies before you. Choose one or more executors whom you trust and who are willing to act. If you have children under 16, decide whom you want to nominate as their guardian. Speak to a solicitor in Aberdeen who specializes in wills and estates to draft or review your will, explain legal rights, and advise on tax and trusts where appropriate. Sign your will correctly with a suitable witness and store the original securely, telling your executors how to access it. Keep your will under review and update it when your circumstances change, such as marriage, separation, divorce, a new child, a house move, or significant changes in wealth. If you are dealing with a death, gather the death certificate, the will if any, a list of assets and debts, and contact a local solicitor to guide you through inheritance tax requirements and the application for confirmation.