⚠️ This guide was researched and updated in May 2026. Laws and regulations change frequently. For specific legal advice regarding your jurisdiction, please consult with local legal counsel.
United Kingdom - Scotland
United Kingdom - EnglandScottish vs English Wills: Key Differences
Scotland and England & Wales are separate legal systems, and their rules on wills differ in ways that matter. This guide explains, in plain language, how witnessing, the protection of family members, and the effect of marriage compare between the two
Two legal systems within the UK
Although Scotland and England & Wales share the United Kingdom, they have separate laws of succession. Wills in England & Wales are governed largely by the Wills Act 1837, while Scotland has its own framework built on the Requirements of Writing (Scotland) Act 1995 and the Succession (Scotland) Act 1964. Northern Ireland is a third, separate jurisdiction again. The practical result is that the same document can be judged by different rules depending on which system applies. This is a general description of the frameworks, not advice about your own position.
At a glance: the three big differences
The differences below are the ones most likely to affect how a will is signed and what it can and cannot do. Each is a general summary; a qualified professional can confirm how it applies to a particular estate.
Witnessing: one witness or two
In England & Wales, the Wills Act 1837 expects a will to be in writing and signed by the person making it, with the signature made or acknowledged in the presence of two witnesses present at the same time, who then each sign. As a matter of good practice a witness should not be a beneficiary (or married to one), because that can affect what a witnessing beneficiary is able to receive.
In Scotland, the Requirements of Writing (Scotland) Act 1995 draws a distinction. A will is formally valid once it is signed by the granter at the end of the document. To be self-proving (that is, accepted as properly signed without needing further evidence), it must also be signed by a single witness, whose name and address are recorded. So the headline contrast is two witnesses in England & Wales against one witness for a self-proving Scottish will.
Legal rights: can you disinherit family in Scotland?
This is the difference that surprises people most. England & Wales starts from testamentary freedom: broadly, you may leave your estate to whom you choose. A separate safety net exists under the Inheritance (Provision for Family and Dependants) Act 1975, but that is a discretionary claim decided by a court, not an automatic share.
Scotland takes the opposite starting point for part of the estate. A surviving spouse or civil partner and children have legal rights, historically called jus relictae / jus relicti (the surviving spouse’s right) and legitim or the “bairn’s part” (the children’s right). These can be claimed even if a will leaves the person nothing.
Crucially, legal rights attach only to the moveable estate: broadly everything other than land and buildings, such as money, savings, investments and possessions. Where a spouse and children both survive, the spouse can claim one-third of the net moveable estate and the children share a further one-third between them; where only a spouse or only children survive, that group can claim one-half. A person entitled to legal rights generally has to choose between them and what the will leaves them, rather than taking both. Because these rights do not touch heritable property such as a house, the outcome can differ a great deal depending on how an estate is made up.
Does marriage revoke a will?
In England & Wales, marrying generally revokes an existing will under the Wills Act 1837, and forming a civil partnership has the same effect. There is an exception where the will shows it was made in expectation of marrying a particular person and was intended to survive that event. This means an earlier will can quietly cease to have effect after a wedding.
Scotland has no equivalent rule: marriage does not revoke a will, so a Scottish will made before marriage usually remains in force afterwards. That is not a reason to leave a will untouched, though. A will made years before a marriage may no longer reflect your wishes, and reviewing it after any major life change is sensible. A qualified professional in your part of the UK can advise on your own situation.
Three things worth remembering
One witness or two
England & Wales expects two witnesses; a self-proving Scottish will needs the granter’s signature plus one witness.
Legal rights protect family
In Scotland a spouse and children have legal rights over the moveable estate that a will cannot simply override.
Marriage differs
Marriage generally revokes a will in England & Wales, but not in Scotland, which is a common source of confusion.
Frequently asked questions
Are Scotland and England separate legal systems for wills?
Yes. Although both are part of the United Kingdom, Scotland and England & Wales have distinct succession laws. A Scottish will is read against Scots law, while a will connected to England & Wales follows the Wills Act 1837 and the rules that sit alongside it. The differences below are the ones that most often catch people out.
How many witnesses does a will need in Scotland compared with England?
In England & Wales a will must generally be signed in the presence of two witnesses who are present at the same time. In Scotland, under the Requirements of Writing (Scotland) Act 1995, a will is formally valid once it is signed by the person making it, and it becomes "self-proving" (accepted without further evidence of signing) when it is also signed by a single witness. So the headline difference is two witnesses in England & Wales versus one for a self-proving Scottish will. A professional can confirm what a particular document needs.
Can I disinherit my spouse or children in Scotland?
Not entirely. Scots law gives a surviving spouse or civil partner and children "legal rights" over the deceased’s moveable estate (broadly, things other than land and buildings, such as money, savings and possessions). These rights can be claimed even where a will leaves that person nothing. England & Wales instead starts from testamentary freedom, with a separate, discretionary court claim available to certain family members and dependants under the Inheritance (Provision for Family and Dependants) Act 1975.
Does getting married revoke my will in Scotland?
No. Unlike England & Wales (where marriage or forming a civil partnership generally revokes an earlier will under the Wills Act 1837), Scots law has no equivalent rule, so a Scottish will made before marriage usually stays in force afterwards. Because of that, it is still worth reviewing a will after a major life change so it reflects your current wishes.
Which law applies to my will if I live in Scotland?
As a general guide, the law of the place you are domiciled tends to govern succession to your moveable estate, and the law of the place where land is situated governs that land. Domicile and cross-border estates can be complicated, so if you have connections to more than one part of the UK you should take advice on your own position.
Related legal guides
Making a Will in Northern Ireland
How wills work in Northern Ireland (the third UK jurisdiction), including witnessing, revocation on marriage and intestacy.
Who Can Draft and Sign a Will?
A global guide to who can legally draft and witness a will, and the signing requirements that apply in different jurisdictions.
Property and Signing Requirements
What makes a will formally valid, and the practical steps around signing and witnessing to get right.
Put a clear will in place
A valid, up-to-date will lets you decide who inherits rather than leaving it to the default rules. Start yours with structured prompts, or find a professional for advice on how Scots or English law applies to your own position.
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