If you have property or family connections in Scotland, it's important to understand that Scottish inheritance law is fundamentally different from English law. A Will valid in England may not achieve what you want for Scottish assets.
The most significant difference is 'Legal Rights' in Scotland. The spouse and children have an automatic entitlement to a share of the 'moveable estate' (everything except land and buildings), regardless of what the Will says.
In Scotland, a surviving spouse is entitled to one-third of the moveable estate (or one-half if there are no children). Children are entitled to one-third (or one-half if there is no surviving spouse).
This means that in Scotland, you cannot completely disinherit your spouse or children from moveable assets — even if your Will says otherwise. This is a fundamental difference from English law, where you have complete testamentary freedom.
Scottish Wills also have different execution requirements. In Scotland, a Will only needs one witness (compared to two in England), and the witness can be a beneficiary.
If you own property in both jurisdictions, you may need two separate Wills — one for England and Wales and one for Scotland. These must be carefully coordinated to avoid conflicts.
At Castle Family Legal, we can advise on the English and Welsh aspects of cross-border estate planning. For Scottish law, we can recommend trusted colleagues north of the border. Contact us to discuss your situation.
