The Differences Between Scottish & English Estate Planning Law

Although near neighbours, and both being a part of the United Kingdom, there are some notable differences between laws in Scotland and laws in England & Wales.

For example, there are numerous small, but important differences between Scottish and English Estate Planning Law. Below you will find two tables outlining these differences for both Wills and Powers of Attorney which we hope will help in your Estate Planning.

	Scotland - Wills	England - Wills
At what age can I write a Will?	You must be aged 12 years or over	You must be aged 18 years or over
How many witnesses do I need?	Minimum one witness is required (however, we strongly recommend that you use two), but you must sign every page of the Will to ensure its validity	You must sign your Will with two witnesses to be valid
Can my witnesses be my beneficiaries?	Witnesses can also be beneficiaries in Scotland, although not recommended	Witnesses cannot be beneficiaries in England
How old do my witnesses have to be?	Witnesses must be 16 or over	Witnesses must be 18 or over
How old must any named Guardians in my Will be?	Guardians must be 16 or over	Guardians must be 18 or over
How old do my chosen Executors have to be?	Executors must be 16 or over (be aware of the complexity of managing an Estate)	Executors must be 18 or over
What are the safeguards for spouses and children?	Spouses and children automatic entitlement to inherit, regardless of whether there is a Will	There are no automatic safeguards for spouses and children
How does getting married affect a Will?	Marriage or civil partnership will not revoke an existing Will	Marriage or civil partnership will automatically revoke an existing will
Do I need to register my Will?	You should register in the Books of Council and Session	There is no requirement to register your Will
At what age can you inherit?	Your beneficiaries can inherit from the age of 16 - however the legal age for property ownership is 18	Your beneficiaries can inherit from the age of 18

	Scotland - Power of Attorney	England - Power of Attorney
What types of Power of Attorney are available?	There is a Continuing Power of Attorney, a Welfare Power of Attorney and a Continuing Welfare Power of Attorney - this is the only one we provide	There is a Health & Welfare Lasting Power of Attorney and a Property & Affairs Lasting Power of Attorney
At what age can I make a Power of Attorney	You need to be at least 16 to make a CWPA	You need to be at least 18 to make an LPA
How old must my Attorneys be?	Your Attorneys will need to be at least 16	Your Attorneys will need to be at least 18
Are there restrictions on who my Attorney can be?	Your Attorneys cannot be bankrupt	Your Attorneys cannot be bankrupt
How many witnesses do I need?	You will only need one witness for your CWPA	You will need two witnesses for your LPA
Who can witness my Power of Attorney?	Your witness must be your GP or a solicitor - we recommend your GP	Your witnesses must be adults who have known you for at least two years.
How old do my witnesses have to be?	Your Attorneys cannot be bankrupt	Your witnesses need to be at least 18 years old
Will I need a Certificate Provider for my Power of Attorney?	Your witness will act as your certificate provider	You will need a separate certificate provider who is not a family member or an Attorney
Must a Power of Attorney be registered?	In order to be valid your CWPA will need to be registered	In order to be valid your LPA will need to be registered
Where must my Power of Attorney be registered?	Your CWPA must be registered with the Office of the Public Guardian Scotland - this is process we can complete for you	Your LPA must be registered with the Office of the Public Guardian - this is process we can complete for you

For our Scottish clients we are able to offer advice on the best way to proceed with their Estate Planning. Contact us for more information.