Making a Will has an image problem. Most of us picture someone in later life, sitting with a solicitor and dividing up a lifetime of savings. So it is easy to assume a Will can wait until there is a house, a pension pot and perhaps grandchildren to think about.

A recent BBC News article challenged that idea. It told the story of Erin, a 27-year-old researcher who rents her home and does not consider herself wealthy. Even so, she has already made her Will. She has left her car to her sister, a treasured necklace to her partner and a gift to a charity close to her heart. For Erin, it was about taking responsibility and making life easier for the people she cares about.

Her reasons apply just as much in Wishaw as in London. So, do you need a Will in Scotland if you are young, or if you are somewhere in the middle of life? This article explains why a Will matters at every adult age, what works differently under Scots law, and how to make yours through Will Aid.

Erin is unusual among her generation. The BBC article mentioned the National Wills Report 2025 which found that just one in five 18 to 24-year-olds has a Will in place. However, the figures barely improve with age. From the mid-twenties to the early fifties, only around a third of adults in each age group have a Will. Among 45 to 54-year-olds, the figure is just 32%. Not until people reach 55 does the figure rise above half, to 56%.

In other words, this is not just a young person’s problem. It affects almost everyone. Research published by Will Aid in September 2026 found that 57% of UK adults have never made a Will. A further 10% admit their existing Will is out of date, which leaves two thirds of adults without a reliable plan.

The reasons people give are revealing. Among those without a Will, 29% said they had nothing worth leaving. Cost and lack of time were each cited by 19%, while 18% said they felt uncomfortable thinking about death. Each of those reasons is understandable. As we explain below, though, none of them holds up particularly well. Whether you are 25, 45 or 75, you need a Will in Scotland for much the same reasons.

This is the most common reason for putting off a Will, and the one most worth challenging. A Will is not only about money. It is a set of clear instructions that makes life easier for whoever has to sort out your affairs.

Even a modest estate needs someone with legal authority to manage it. Bank accounts have to be closed, bills paid and debts settled. In your Will, you choose that person, who is known as your executor.

Without a Will, there is no named executor. Instead, a family member usually has to apply to the sheriff court to be appointed as executor-dative. In many cases, they will also need a bond of caution, which is a form of insurance that adds cost and delay. Our guide to what happens if you die without a Will in Scotland explains the process in more detail, and it is rarely quick.

Today, even people who own very little have a significant online footprint. Savings apps, online bank accounts, investment platforms and cryptocurrency all form part of your estate. Social media accounts, cloud photo libraries and email are trickier, because the platform’s own terms usually govern them. A Will and a simple list of your accounts still make your executor’s job far easier.

Pensions and death-in-service benefits work differently. The scheme usually pays these at its discretion, guided by a nomination form, rather than through your Will. For that reason, it is worth checking your nomination is up to date when you make your Will.

Rather than waiting for a particular birthday, it helps to think about the moments when a Will makes the biggest difference. Most adults pass through several of these, and each one is a good reason to make or review a Will.

Your first job often brings savings, a workplace pension and perhaps death-in-service cover. Suppose you die without a Will and have no spouse or children. In that case, your estate passes to relatives in an order fixed by the Succession (Scotland) Act 1964. That might suit you. Then again, it might mean a close friend or a cause you care about receives nothing at all.

This is where the lack of a Will can do the most damage. Unmarried partners have no automatic right to inherit in Scotland, however long you have been together. A surviving partner can ask the court for a share of the estate under section 29 of the Family Law (Scotland) Act 2006. The outcome, however, is not guaranteed. At present, they must also raise the claim within six months of the death.

The Scottish Parliament has voted to extend that deadline to twelve months, but the change is not yet in force. Importantly, the court claim only exists where there is no Will, so your Will needs to provide for your partner directly. Our article on moving in together as an unmarried couple sets out the wider picture, and a cohabitation agreement can sit alongside your Wills.

Buying a property, alone or with someone else, is one of the most common triggers for making a Will. When you buy your first home in Scotland, the title may include a survivorship destination. This means your share passes automatically to your co-owner when you die. Without one, your share forms part of your estate, and your Will decides who receives it. Your solicitor can explain how your title works and make sure your Will fits with it.

Once you have children, a Will becomes essential. Under section 7 of the Children (Scotland) Act 1995, a parent can appoint a guardian for a child under 16. The appointment takes effect if the parent dies. The appointment must be in writing and signed, and a Will is the natural place for it. If both parents die without naming a guardian, the court may have to decide who looks after the children.

There is a Scottish twist worth knowing about, too. If a child is born after you make your Will and the Will makes no provision for them, the law can sometimes allow the Will to be set aside. Updating your Will when your family grows avoids that risk altogether.

Here, Scots law differs from the rules in England and Wales. Getting married or entering a civil partnership does not cancel an existing Will in Scotland. That sounds reassuring, but it can leave an old Will in place that no longer reflects your life.

Divorce has a different effect. Under the Succession (Scotland) Act 2016, the law usually treats a former spouse or civil partner as if they had died before you, unless your Will says otherwise. Separation does not have the same effect, so a separated spouse may still inherit under an old Will. Our guide on when to update your Will covers these life events in more depth.

For older clients, the focus often shifts to protecting a spouse, treating children fairly and planning around Legal Rights. These give a spouse, civil partner and children a fixed share of your moveable estate, whatever your Will says. This is also the time, if not before, to put a Power of Attorney in place. Your Will covers what happens after you die, while a Power of Attorney covers any period when you cannot manage your own affairs.

Much of the guidance online, including the BBC article, reflects the law in England and Wales. If you are asking whether you need a Will in Scotland, several points work differently here.

• Age. Anyone aged 12 or over can make a Will in Scotland, under the Age of Legal Capacity (Scotland) Act 1991. In practice, most people make their first Will as adults.
• Witnessing. A Scottish Will needs only one witness, aged 16 or over, and you sign every page. England and Wales require two witnesses.
• Legal Rights. Your spouse, civil partner and children can claim a share of your moveable estate, whatever your Will says.
• Marriage. Getting married does not revoke a Scottish Will.
• Guardians. You can appoint a guardian for a child under 16, rather than under 18 as in England.

If cost or time has held you back, Will Aid offers an easy way to get started. Pomphreys is proud to be taking part in Will Aid 2026, which runs throughout November.

Will Aid has run since 1988. Each November, participating solicitors volunteer their time to write basic Wills and waive their usual fee. Instead, they invite you to make a voluntary donation to Will Aid. The suggested donation is £120 for a single basic Will, or £200 for a pair of mirror Wills, the matching Wills that couples often make together.

Will Aid shares your donation between eight partner charities: Age UK, British Red Cross, Christian Aid, Crisis, NSPCC, Shelter, SCIAF and Trócaire. SCIAF is the Scottish Catholic International Aid Fund, so Scottish Will-makers support a charity based here at home. Altogether, Will Aid has raised more than £24 million since it began. You are under no obligation to leave a gift to charity in your Will, although many people choose to.

Will Aid appointments are limited and tend to fill quickly, so it pays to book early. To arrange yours, call Pomphreys on 01698 373365 and mention Will Aid, or get in touch online. We will explain what to bring and what happens next. Once you have approved the draft, you sign your Will at a second short meeting.

Perhaps November does not suit, or our Will Aid places have gone. Either way, we can still help you with making a Will in Scotland at any other time of year.

Pomphreys has been helping people across Wishaw, Motherwell and North Lanarkshire plan for the future since 1897. If you are wondering whether you need a Will in Scotland, we can give you a straight answer. Our private client team writes Wills at every stage of life, from first-time buyers and young parents to people reviewing their plans in retirement.

We take time to understand your circumstances and explain your options in plain English. Because we are a local firm, you deal with the same approachable team throughout, and we can store your Will safely for you. When the time comes, we can also help your family with executry, so the people you trust can follow your wishes properly.

No. Unlike in England and Wales, marriage or civil partnership does not revoke an existing Will in Scotland. Your old Will stays valid, which may mean it no longer reflects your wishes. Divorce works differently, because the law usually treats a former spouse as having died before you. It is sensible to review your Will after any major change in your relationship.

Yes. You can use Will Aid to update an existing Will as well as to make a new one, provided the new Will is a basic one. When you book, tell us what changes you need and we will advise you on the best approach. If your circumstances have become more complex, we will discuss any additional fee with you first.

Your partner has no automatic right to inherit under Scots law. They can apply to the court for a share of your estate, but at present they must do so within six months of your death. The court then decides how much, if anything, they receive. A Will that provides for your partner is the only reliable way to protect them.

Joe Rowan is an Assistant Solicitor at Pomphreys, Solicitors, Wishaw, based in our Kenilworth Avenue office. After years as a legal advisor with a football club, Joe decided it was time to get back into mainstream law, preferably in a conveyancing or private client role, areas of law he's always enjoyed. Happily, for Joe, such a position became available at Pomphreys around the same time, and he was delighted to become part of the firm.

Tel: 01698 373365

Email: jr@pomphreyslaw.com