top of page
  • rh34155

How to Sign a Will (Scotland & England)

Once your Will has been drafted and you have approved it, our team will send out a physical copy for you to sign and as a nationwide company, we’re here to explain how to sign a Will to ensure that all clients have a legally binding and probative Will.


Signing A Will


There are slight differences in how a granter can sign a Will in Scotland and how a granter can sign in England & Wales.

It is important to note at present, you cannot electronically sign a Will, the signatures on a Will must be a wet signature.


Scotland

In Scotland, under the Requirements of Writing (Scotland) Act 1995, in order for a Will to be probative (self-proving), a Will must be signed by the granter on the bottom right-hand corner of every page - including the back page. The granter must also sign the Testing Clause on the back page.

The Testing Clause is where the granter and the witness will sign, date, and address the document.

England

In England, it is not a requirement for the Will to be signed on every page, but we believe it is in best practice to have clients sign on the bottom left-hand corner of every page to ensure the document is probative. The granter must also sign the Testing Clause on the back page.

The Testing Clause is where the granter and the two witnesses will sign, date, and address the document.


Witnessing a Will

There are some differences between who can act as a witness in Scotland and who can act as a witness in England & Wales.

It is important to note that a witness does not need to know what is mentioned in your Will, but they do have to witness you signing the document.


Scotland

In Scotland, you only require 1 person to act as a witness to the signing of a Will. This person must be aged 16 or over. They cannot be related to the granter of the Will by blood or marriage - this is to avoid any potential conflicts of interest. A Witness cannot live at the granter of the Wills address. A Witness should not be any person who is likely to inherit from the granter of the Wills estate.


England

In England, you require 2 people to act as a witness to the signing of a Will. These persons must be aged 18 or over. As in Scotland, they cannot be related to the granter of the Will by blood or by marriage - again this is to prevent any potential conflicts of interest.

Comments


bottom of page