It is one of the most put-off pieces of paperwork there is, yet a Will is one of the few documents that genuinely decides what happens to everything you own, and everyone you care about, after you are gone. If you have been asking how much it costs to write a Will, the short answer is that it usually costs far less than people expect, and far less than leaving it to chance.
For many, it is not a decision so much as a delay, something to sort out “at some point”. The trouble is that nobody knows when that point will arrive, and without a Will, the law decides who inherits all the assets in your estate, not you. In Scotland, this is particularly complicated due to the differences in intestacy law.
Below, we set out the main reasons people need their own Will, then cover what it actually costs to put one in place in Scotland.
Firstly, what happens if you die without a valid will?
If you die without a valid will in Scotland, you are said to have died intestate, and your estate is distributed according to a fixed legal order rather than your own wishes. This can mean unmarried partners receiving nothing automatically, stepchildren being excluded entirely, and a surviving spouse receiving less than people often assume once children, parents or siblings are also involved. We explain the full order of inheritance in our guide to handling intestate estates in Scotland.
A Will lets you decide exactly who inherits, in what proportions, and who should act as your executor. It also allows you to appoint guardians for young children, make specific gifts to people or causes that matter to you, and set out your wishes clearly enough to reduce the risk of family disputes at an already difficult time.
The main reasons you need a Will
In short: a Will lets you decide who inherits your estate, who looks after your children, and who is in charge of sorting everything out. Without one, Scotland’s intestacy rules decide all of this for you, and they rarely match what people would actually have chosen.
1. Control over who inherits your estate
This is the single biggest reason. If a person dies without a Will in Scotland, the estate is distributed under a fixed legal process, prior rights, then legal rights, then a set order of relatives, rather than according to their own wishes. This means that an unmarried surviving partner receives nothing at all, a stepchild is excluded entirely, or a surviving spouse could receive far less than most people assume once children, parents or siblings are also involved.
A Will is the only way to guarantee your estate (money, property and possessions) goes to the people you actually want to provide for. Without a Will, the confirmation (probate) process becomes much more complicated in Scotland.
2. Choosing guardians for you children
If you have children under 16, a Will lets you name who you would want to look after them if your partner dies also. This is arguably the most important reason of all for many parents, and it is a decision only a Will can make. Without a Will, there is no guarantee the court will appoint the person you would have chosen, and the uncertainty this creates is a significant, avoidable burden to leave behind for your family at an already devastating time.
3. Protecting a partner you are not married to
Cohabiting couples have no automatic rights under Scottish intestacy law, regardless of how long they have lived together or whether they have children together. A surviving cohabitant can apply to the court for a discretionary share of the estate, but only within six months of the date of death, and the court is not obliged to award anything. A Will is the only reliable way to make sure a partner you are not married to is actually provided for in the same way married partners are.
4. Choosing your own executor to avoid intestacy rules
A Will lets you appoint the person, or people, you trust to gather in your whole estate, settle your debts and distribute what remains. Without a Will, an executor-dative must instead be appointed by the court, which is slower, can involve a wider pool of people than you might expect, and adds cost for your family as they may have to pay for a Probate service. Choosing your own executor in advance also gives them the chance to prepare for the role.
5. Reducing the risk of a dispute between surviving relatives
A clear Will, setting out exactly what you want and why, removes much of the room for disagreement between relatives. Ambiguity is where disputes take root: family members left to guess at your intentions, or to rely on certain rules, are far more likely to end up in conflict, sometimes serious and lasting conflict, than several family members working from clear written instructions.
6. Leaving gifts to people and causes outside your family
Friends, godchildren, carers, other relatives, and charities you care about have little to no claim at all under the rules of intestacy. If you want to leave a specific gift (e.g., a personal possession) to someone outside your immediate family, or support a cause that matters to you, a Will is the only way to do it.
7. Making later Inheritance Tax planning possible
It is advisable to create a Will once meaningful assets are acquired as it creates inheritance tax implications. Whilst a Will does not reduce IHT by itself, it is the tool that makes proper IHT planning possible in the first place. Structuring gifts between spouses, making full use of available allowances, and, where appropriate, providing for charitable gifts can all reduce the rate of tax paid when the estate passes to your beneficiaries.
Without a Will in place, none of this planning can be relied upon to actually happen. Our guide on estate planning strategies to reduce Inheritance Tax covers this in more detail.
Updating an Existing Will matters just as much as having one
Writing a new Will is not a one-off task to file away and forget. Certain life events specifically call for a review, and one common misconception is worth correcting here: unlike the position in England and Wales, getting married or entering a civil partnership does not automatically cancel an existing will in Scotland.
Your old Will remains valid. The catch is that it will not automatically provide for your new spouse or civil partner either, who is protected only by their legal rights, a fixed share of your moveable estate, rather than whatever you might actually want them to have. It is well worth updating your Will around the time of marriage, not because the law forces you to, but because your existing Will almost certainly does not reflect your new circumstances.
Divorce works differently again. Under the Succession (Scotland) Act 2016, gifts, and appointments as executor, made in favour of a former spouse or civil partner are automatically treated as if that person had died before you, once the divorce or annulment is finalised, unless your will specifically says otherwise. This rule only applies to a formal divorce or annulment; simply separating from a spouse has no effect on your Will at all, so a Will made naming a separated but not yet divorced spouse still stands. Beyond marriage and divorce, it is worth reviewing your Will after:
- The birth of children, grandchildren or even great grandchildren
- Buying your first property or expanding your property portfolio
- A significant change in the value of your estate, e.g., acquiring investment shares
- When named executors or beneficiaries die
It is good practice to review your documents every few years regardless of if any of the above has happens to you.
How much does it cost to write a will in Scotland?
Costs vary depending on the route you choose and how straightforward your circumstances are. Here is what you can expect to pay.
| Will Option | Typical Cost | Things to consider |
|---|---|---|
| Handwritten (holograph) Will | Free, DIY | Valid if correctly written and signed, but a common source of disputes and delays if wording or execution is unclear |
| Unregulated online Will writing services | £30 to £100 | Lower cost, but templates may not reflect Scottish succession law, and errors in execution can invalidate the Will entirely |
| Solicitor: single, straightforward Will | £200 to £250 | Properly drafted, witnessed and stored, tailored to Scots law |
| Solicitor: mirror Wills for couples | £350 to £450 | Two matching Wills, usually leaving everything to each other and then to children |
| Solicitor: complex Will with trusts | £500 to £1,500+ | Needed where there are minor children, blended families, business assets, or tax planning involved |
The bottom line. A straightforward Will typically costs less than a family meal out, yet it is often the single most important document you will ever sign for the people you leave behind.
Why the cheapest option is not always the cheapest in the end
A DIY or online will can look like an obvious way to save money, and for very simple circumstances it may work perfectly well. The risk is that Scots succession law has its own specific rules, including prior rights, legal rights, and requirements for how a will must be signed and witnessed to be valid. A Will that is unclear, incorrectly executed, or silent on an important situation can end up being challenged or partly disregarded, which usually costs far more in legal fees and delay than a solicitor’s fee would have done in the first place. Solicitor fees for a straightforward Will are, for most people, a modest cost measured against the value of the estate and the certainty it provides.
What a solicitor-drafted Will actually includes
When you write a Will with an Estate Planning solicitor, you get more than a document. You get advice tailored to your situation, including how to provide for children from a previous relationship, how to structure gifts to minimise complications for your executor, how your Will interacts with any Power of Attorney or trust arrangements, and guidance on keeping your Will updated as your circumstances change. If you have not yet arranged a Power of Attorney alongside your Will, our guide to setting one up covers the process and costs in full.
Write Your Will with Jones Whyte
We have a dedicated team of Will writers within our Estate Planning department who are on hand to help you get started with later life planning.
You can either book an in-person appointment at one of our offices, or you can start the process using our online service.
Please note: This article is for general information purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances. If you need advice on a legal matter, get in touch with our team.
