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Wills for UK Citizens: Scotland vs England Differences Explained

· 15 min

Note: The following scenario is fictional and used for illustration.

Emma Richardson, 38, created a comprehensive English will in 2019 when living in Manchester, carefully naming guardians for her two children and leaving everything to her husband. When she relocated to Edinburgh for a promotion in 2023, she assumed her will would automatically work in Scotland.

After her husband's sudden death, she discovered Scottish legal rights meant her children were automatically entitled to one-third of her moveable estate—potentially conflicting with her will provisions. The £450,000 estate required both Scottish confirmation and English legal opinions, costing £4,200 in legal fees and 11 months to resolve.

In 2024, over 1.49 million LPAs were registered in the UK—a 28% increase from the previous year, highlighting growing awareness of estate planning. Yet many of the 50,000+ people who move between Scotland and England annually remain unaware that their wills may not work as intended across borders.

This guide explains exactly how Scottish and English wills differ, when you need to update your will after moving, and how to ensure your estate plan works seamlessly across UK jurisdictions—without expensive legal complications.

Table of Contents

Understanding the Two Legal Systems: Scotland vs England & Wales

Scotland and England operate under completely separate legal systems, not just regional variations.

This distinction dates back to the 1707 Acts of Union, which united the kingdoms but preserved Scotland's independent legal system. English law derives from Common law, while Scots law has roots in Civil (Roman) law.

Different legislation governs wills in each jurisdiction. Scottish wills follow the Requirements of Writing (Scotland) Act 1995, while English and Welsh wills follow the Wills Act 1837.

The terminology differs too. Scotland uses "confirmation" rather than "probate." Property divides into "heritable" (land/buildings) versus "moveable" (everything else), not "real" and "personal" property.

One critical concept: domicile versus residence. Your domicile—your permanent home—determines which legal system governs your moveable estate. HMRC's domicile guidance provides detailed rules. Generally, you acquire a domicile of choice by moving to a new jurisdiction intending to make it your permanent home.

If you're living in Edinburgh temporarily for work but plan to return to London, you likely remain domiciled in England. English succession law would govern your moveable estate even though you physically reside in Scotland.

Key Difference #1: Witness Requirements and Execution

In England and Wales, Section 9 of the Wills Act 1837 requires two witnesses. You sign once, typically at the end, in the presence of both witnesses.

In Scotland, Section 3 of the Requirements of Writing (Scotland) Act 1995 requires only one witness for a "probative" (self-proving) will. You must sign every page.

Here's a comparison table showing the key differences:

Requirement Scotland England & Wales
Number of witnesses 1 witness (for probative will) 2 witnesses (mandatory)
Where testator signs Every page Once at the end
Witness presence Witness watches testator sign Both witnesses present at same time
Beneficiary as witness Can witness without forfeiting gift Forfeits gift entirely
Probative status Probative with 1 witness; valid but not probative without Always valid if properly witnessed

David signs his English will on the last page in front of two colleagues who also sign. His will is validly executed.

Sarah signs every page of her Scottish will with one witness. Her will is probative and won't need additional evidence at confirmation.

An English will with two witnesses and a single signature would be valid in Scotland but might not be probative. A Scottish will with one witness wouldn't meet English requirements if challenged.

Scottish legal rights represent the most significant difference—and the biggest trap for people relocating between jurisdictions.

In Scotland, your spouse and children have automatic entitlement to shares of your moveable estate, regardless of what your will says. These "legal rights" cannot be excluded by will provisions—only by formal renunciation.

The calculation:

  • Spouse + children survive: each group gets one-third of moveable estate
  • Only spouse survives: spouse gets one-half of moveable estate
  • Only children survive: children share one-half of moveable estate

Legal rights apply only to "moveable" property (everything except land and buildings): savings, investments, shares, personal possessions, vehicles.

Beneficiaries can claim legal rights in addition to OR instead of will provisions.

In England and Wales, no such automatic rights exist. You can disinherit anyone, though courts have discretion under the Inheritance (Provision for Family and Dependants) Act 1975 to order "reasonable financial provision."

Margaret's £600,000 Scottish estate includes £200,000 moveable assets and £400,000 heritable property (her Edinburgh flat). Her will leaves everything to her sister. However, her adult son can claim one-half of the £200,000 moveable estate—£100,000—as legal rights, because there's no surviving spouse.

If Margaret had been domiciled in England, her son would have no automatic entitlement. He could apply to court for reasonable financial provision, but success isn't guaranteed.

The Succession (Scotland) Act 2016 governs these provisions. For anyone domiciled in Scotland, legal rights fundamentally change estate planning—you cannot simply leave everything to charity if you have a spouse or children.

Key Difference #3: Effect of Marriage and Divorce

Marriage and divorce affect wills differently in each jurisdiction.

In England and Wales, Section 18 of the Wills Act 1837 states that marriage automatically revokes any existing will (unless made "in contemplation of marriage").

In Scotland, marriage does not revoke an existing will. Your pre-marriage will remains valid—creating a trap if it still names an ex-partner.

Both jurisdictions treat divorce similarly. Section 5 of the Succession (Scotland) Act 2016 provides that divorce automatically revokes provisions benefiting your ex-spouse. Divorce doesn't revoke the entire will—just the parts benefiting the former spouse.

Tom created a will in England leaving everything to his brother. Two years later, he marries Lisa. If Tom was domiciled in England, his will was automatically revoked. He's now intestate. If domiciled in Scotland, his will remains valid—but Lisa could claim legal rights.

Best practice: review and update your will after any marriage, regardless of jurisdiction.

Key Difference #4: Beneficiaries as Witnesses

In England and Wales, Section 15 of the Wills Act 1837 states that if a beneficiary (or their spouse) witnesses your will, they forfeit their gift entirely. The rule prevents undue influence.

In Scotland, no equivalent provision exists. A beneficiary can witness your will and still inherit. This isn't recommended practice, but there's no automatic forfeiture.

In England, if Kate leaves £50,000 to nephew David and he witnesses, David loses the gift. In Scotland, David could witness and still inherit—but this isn't recommended.

Best practice in both jurisdictions: use independent witnesses who receive nothing under your will.

Key Difference #5: Property Terminology and Moveable vs Heritable

Scotland divides property into "moveable" and "heritable" categories—a distinction critical for legal rights.

In Scotland:

  • "Heritable property": land and buildings
  • "Moveable property": money, investments, vehicles, personal possessions, shares, savings

Legal rights apply only to moveable property. You can freely leave heritable property to anyone.

In England and Wales:

  • "Real property": land and buildings
  • "Personal property": everything else

The English distinction is less critical—there are no automatic legal rights tied to either category.

Andrew's £500,000 Scottish estate includes a £350,000 Glasgow flat (heritable) and £150,000 savings (moveable). His will leaves everything to his friend Mark. However, Andrew's children can claim £75,000 from the moveable portion (one-half, as there's no surviving spouse). The flat goes entirely to Mark.

For cross-border property, understanding this distinction ensures accurate will drafting and avoids ambiguity.

Cross-Border Validity: Will Your English Will Work in Scotland (and Vice Versa)?

Your English will remains valid in Scotland (and vice versa), but validity doesn't mean optimal.

Under reciprocal recognition, a will validly executed under one UK jurisdiction is generally recognized in another.

However, practical problems arise:

First, Scottish courts may require an opinion from an English-qualified lawyer confirming proper execution—adding £500-£1,000 cost and delay.

Second, your English will likely doesn't address Scottish legal rights. Your spouse and children have automatic entitlements to moveable estate shares, regardless of will provisions.

Third, terminology confusion. If your will refers to "real property," Scottish executors must determine how this maps to heritable property.

Fourth, the confirmation process may take longer when verifying cross-border validity.

Claire's English will is valid in Scotland after relocating to Aberdeen. However, it doesn't address legal rights. When she dies domiciled in Scotland, her husband and children can claim shares of her moveable estate—even though her will leaves everything to charity.

Mark has property in both London (£280,000) and the Highlands (£220,000). He creates two wills with mutual non-revocation clauses: "This will does not revoke my [Scottish/English] will dated [date]." Each property is handled under the appropriate jurisdiction's rules, allowing executors to proceed independently.

What to Do If You're Moving Between Scotland and England

Relocating between Scotland and England triggers a need to review your will, even though it remains technically valid.

Here's your step-by-step checklist:

Step 1: Determine Your Domicile

Your domicile—not residence—governs your moveable estate. Temporary moves don't change domicile. HMRC's domicile guidance explains the factors: social connections, voting registration, bank accounts, property ownership, and stated intention.

Step 2: Review Your Will for Legal Rights Impact

If acquiring Scottish domicile, examine your will:

  • Does it leave everything to non-family? They can still claim legal rights.
  • Does it include charitable gifts? Legal rights could reduce what charity receives.
  • Do you have minor children? Legal rights protect their inheritance.

Step 3: Check Property Terminology

Verify your will clearly identifies Scottish property by address and uses consistent terminology.

Step 4: Decide on Approach

Options:

  • Keep existing will if estate is simple, no dependents, clear property descriptions
  • Update existing will to address legal rights and Scottish property
  • Create dual wills for each jurisdiction with mutual non-revocation clauses

Step 5: Act Within 6-12 Months

Review your will within 6-12 months of permanently moving. Inform your executor of your domicile, will location, and any dual will arrangements.

Creating a Will That Works Across UK Jurisdictions

You have three main approaches for cross-border wills:

Single Carefully Drafted Will

Meet both jurisdictions' requirements by:

  • Signing every page (Scottish requirement)
  • Using two witnesses (English requirement)
  • Using specific property addresses, not generic terms
  • Acknowledging legal rights explicitly if Scottish domiciled

Separate Wills for Each Jurisdiction

Create dual wills with mutual non-revocation clauses: "This will does not revoke my [Scottish/English] will dated [date]." Scottish will covers Scottish heritable property; English will covers other assets.

Online Will Service

For straightforward estates under £1M, online services like WUHLD (£99.99) offer guided creation versus £150-£600+ for solicitor wills. Platforms identify cross-border issues through guided questions and provide execution guidance.

When to Consult a Solicitor

Seek specialist advice for:

  • High value estates (£1M+) with tax planning needs
  • Complex business succession
  • International property
  • Anticipated disputes
  • Vulnerable beneficiaries requiring trusts

Frequently Asked Questions

Q: Is an English will valid in Scotland?

A: Yes, an English will is generally valid in Scotland under reciprocal recognition agreements, provided it was properly executed under English law when created. However, Scottish courts may require an opinion from an English-qualified lawyer to confirm validity, and the will may not address Scotland-specific issues like legal rights or proper Scottish property terminology.

Q: How many witnesses does a Scottish will need?

A: A Scottish will requires only one witness to be probative (self-proving) under the Requirements of Writing (Scotland) Act 1995. In contrast, English wills require two witnesses. Scottish wills also require the testator to sign every page, whereas English wills only need one signature at the end.

Q: Can I disinherit my children in Scotland?

A: No, you cannot completely disinherit your children in Scotland due to legal rights (also called legitim). Children are automatically entitled to one-third of your moveable estate (everything except land and buildings) if you have a surviving spouse, or one-half if you don't. This protection doesn't exist in England and Wales.

Q: Does getting married invalidate my will in Scotland?

A: No, marriage does not automatically invalidate a will in Scotland. This is a key difference from England and Wales, where marriage revokes any pre-existing will unless it was made in contemplation of that specific marriage. However, it's still advisable to review your will after marriage to ensure it reflects your wishes.

Q: Do I need separate wills for my Scottish and English property?

A: Not necessarily, but it may be advisable. A single carefully drafted will can cover assets in both jurisdictions, but many people choose separate wills—one for Scottish property and one for English property—to ensure each complies with local requirements and simplifies the confirmation/probate process in each jurisdiction.

Q: What happens if I move from England to Scotland with an English will?

A: Your English will remains valid in Scotland, but it may not be optimal. Scottish legal rights mean your spouse and children have automatic entitlements to part of your moveable estate regardless of your will's contents. Your will may also lack Scotland-specific provisions. Review and potentially update your will with a Scottish solicitor after relocating.

Q: Can a beneficiary witness my will in Scotland?

A: Yes, in Scotland a beneficiary can witness your will without losing their inheritance—another key difference from England and Wales, where a beneficiary who witnesses forfeits their gift under Section 15 of the Wills Act 1837. However, this practice is not recommended.

Conclusion

Understanding the differences between Scottish and English wills isn't merely legal technicality—it's about ensuring your family is protected exactly as you intend, regardless of where life takes you within the UK.

Key takeaways:

  • Know your domicile: The law of your permanent home governs how your moveable estate is distributed, even if you live elsewhere temporarily. Domicile, not residence, determines which rules apply.

  • Scottish legal rights matter: If you're domiciled in Scotland or moving there, understand that your spouse and children have automatic entitlements to shares of your moveable estate that you cannot exclude by will. These legal rights override your testamentary provisions.

  • Execution differences are real: Use two witnesses and sign every page to ensure your will works in both jurisdictions if you have cross-border connections. Meeting the higher standard (English two-witness requirement, Scottish every-page signature) satisfies both.

  • Review after moving: Relocating between Scotland and England permanently is a trigger to review your will within 6-12 months, even if your existing will remains technically valid. Legal rights, property terminology, and practical administration issues require attention.

  • Consider dual wills for complex estates: If you own property in both jurisdictions or have significant assets in each, separate wills may simplify administration. Include non-revocation clauses to prevent each will from canceling the other.

Understanding the differences between Scottish and English wills isn't just legal technicality—it's about ensuring your family is protected exactly as you intend, regardless of where life takes you within the UK. Whether you're moving to Edinburgh for a new job, inheriting a Highland cottage, or simply want the peace of mind that your estate plan works across borders, getting your will right now prevents confusion, delays, and family conflict later.

The law may be complex, but creating a will that addresses your cross-border situation doesn't have to be.

Need Help with Your Will?

Understanding cross-border will requirements matters whether you're relocating between Scotland and England, own property in both jurisdictions, or simply want assurance your will works wherever you are in the UK. The guidance above helps you evaluate your situation and decide when to update your estate plan.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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