Wills in Scotland and Northern Ireland vs England

England and Wales form one legal jurisdiction, Scotland forms a second, and Northern Ireland forms a third, each with its own courts, its own succession law, and in some cases genuinely different legal concepts. This dates back to Scotland's distinct legal system predating the Acts of Union, and Northern Ireland's separate constitutional position within the UK.

For most everyday purposes people notice little difference, but for wills the differences can be significant, particularly around how much freedom you have to leave your estate to whoever you choose, and what formalities apply.

The most significant difference in Scotland is the concept of 'legal rights', which give a surviving spouse, civil partner, and children a fixed entitlement to a portion of the deceased's moveable estate (broadly, everything except land and buildings), regardless of what the will says. This is a form of forced heirship, quite different from the position in England and Wales, where testamentary freedom generally allows you to leave your estate as you choose, subject only to limited claims under the Inheritance (Provision for Family and Dependants) Act 1975.

This means a will drafted under English assumptions, leaving everything to one beneficiary for example, may not achieve that outcome for a Scottish estate, because a spouse or child could still claim their legal rights out of the moveable estate even against the terms of the will. Anyone with a genuine Scottish domicile, or significant moveable assets connected to Scotland, needs advice from a Scottish solicitor rather than assuming English principles apply.

Scottish wills have their own execution requirements under Scots law, which differ from the two-witness rule under section 9 of the Wills Act 1837 that applies in England and Wales. A will validly signed under English formalities is not automatically treated the same way under Scots law, and vice versa.

This is another reason a will drafted for England and Wales should not simply be assumed to work for someone living in, or with assets governed by, Scots law. If in doubt about which formalities apply to your situation, take advice before relying on any particular document.

Northern Ireland's succession law is considerably closer to that of England and Wales than Scotland's is, sharing similar core principles around testamentary freedom and broadly comparable execution requirements. That said, it remains a distinct legal jurisdiction with its own legislation, courts and probate registry, and rules can differ in detail even where the overall approach is similar.

Anyone living in, or with significant assets in, Northern Ireland should confirm with a Northern Ireland-qualified solicitor that a will intended to operate there meets the relevant local requirements, rather than assuming a document drafted for England and Wales automatically applies.

Which jurisdiction's succession law governs your moveable estate, things like bank accounts, shares and personal possessions, generally depends on your domicile rather than simply where you happen to live day to day. Someone who has lived in England for years but retains a Scottish domicile, because for example they intend to return to Scotland permanently, may still find Scottish succession rules, including legal rights, apply to their moveable estate.

Land and buildings, by contrast, are generally governed by the law of the country they are physically located in (the lex situs rule), regardless of domicile. If your personal or property connections span more than one part of the UK, or you are unsure of your domicile, it is worth getting this clarified before assuming which jurisdiction's rules apply to you.

If you are domiciled in, or hold significant assets in, Scotland or Northern Ireland, an England and Wales will service is not the right tool on its own, since the legal assumptions built into it do not match those jurisdictions' rules. Seek advice from a solicitor qualified in the relevant jurisdiction, who can advise on formalities and, in Scotland's case, on legal rights.

If your connection to England and Wales is clear and your domicile is genuinely here, a straightforward online will remains an appropriate option; the caution above applies specifically where Scotland or Northern Ireland are genuinely relevant to your circumstances.