HM Insights

RESPECT the law – the validity of handwritten Wills

In August 2018, the world lost the Queen of Soul, Aretha Franklin. According to a recent article published by BBC News, following Ms Franklin's death her family located three Wills in her house which she had handwritten and signed during her lifetime – two in 2010 and one in 2014.

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What happens if I have signed more than one will?

When you sign a Will, this revokes any former Will which you already had in place. Therefore, in a situation like the one set out above, provided the person signing the Will had capacity to do so and intended to update their Will, the 2014 one would revoke the earlier Will. The estate would then be distributed in accordance with the wishes set out in the 2014 will.

If you have a Scottish Will and intend to set up a foreign Will, you should seek professional advice to ensure that your foreign Will does not revoke your Scottish Will.

Can I handwrite my will?

Writing your own Will might seem like an attractive option, however, homemade Wills often contain errors that result in a lengthy and costly administration process for your family.

It is not enough to write your own Will, Say a Little Prayer and hope for the best - you should always seek professional legal advice so there Ain't No Way things can go wrong. Read our article here on the importance of consulting a Solicitor when Making a Will using the button below or visit our Making a Will in Scotland Services page here.

Why you should avoid DIY when it comes to making a Will

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