Thinking about making a Will can feel overwhelming. The language alone can be enough to put people off - full of unfamiliar terms, some of them in Latin or Scots law.

At Lindsays, we believe this shouldn’t be the case. While some legal wording can’t be avoided, we can make things clearer and easier to understand.

Here’s a guide to some of the most common terms you’ll come across when making a Will in Scotland.

What is a Will?

A Will is a legal document that sets out what should happen to your money, property and belongings when you die.

It gives you a say in how your estate is shared and can make things much simpler for the people you leave behind.

Testator

The testator is simply the person who makes the Will.

Codicil

A codicil is a short, separate document used to make small changes to an existing Will — without having to rewrite it completely.

Estate

Your estate is everything you own at the time of your death.

In Scotland, it’s divided into two types:

  • Heritable estate - land and buildings, such as your home
  • Moveable estate - everything else

Your moveable estate can include:

  • Money in bank accounts or from life insurance
  • Shares and investments
  • Personal belongings - from jewellery to cars to collections
  • Money owed to you

This distinction matters, as different rules can apply.

Why having a Will matters

A Will helps make your wishes clear and reduces uncertainty for your family. It gives structure at a difficult time and helps ensure your estate is shared in line with your intentions, as far as the law allows.

Executor

An executor is the person responsible for dealing with your estate after you die.

You can appoint one (or more) in your Will. If there isn’t a Will, the court will appoint someone.

Their role includes:

  • Gathering details of the estate
  • Applying for Confirmation
  • Paying debts and expenses
  • Handling any tax due
  • Distributing the estate to beneficiaries

It’s an important role, so it’s worth choosing someone you trust. A solicitor can help you decide.

Executries

You’ll often hear “Wills and executries” mentioned together.

While a Will sets out your wishes, executry work is the process of putting those wishes into action — handling everything that needs to be done after someone dies.

Beneficiaries

Beneficiaries are the people or organisations who inherit from your estate.

There are two main types:

  • Legatees – receive a specific item or amount of money
  • Residuary beneficiaries – share what’s left after debts, expenses and specific gifts have been paid

It’s also important to know that in Scotland, certain family members may have legal rights to part of an estate, even if they’re not named in the Will. A solicitor can explain how this works.

Confirmation

Before an executor can deal with someone’s estate, they may need to apply for Confirmation (known as Probate in England and Wales).

This is a legal document from the court that confirms the executor’s authority to access and distribute the estate.

To apply, the executor must provide a full list of the person’s assets. The process can take a few months, and longer if inheritance tax is involved.

Legal rights (Scotland)

Scottish law gives spouses, civil partners and children automatic rights to a share of the moveable estate.

This is usually:

  • One-third if there is a surviving spouse and children
  • One-half if there are children but no spouse

These rights apply even if the Will says otherwise, and they must be considered during the executry process.

Intestacy

If someone dies without a valid Will, this is known as intestacy.

In these cases:

  • The law decides who inherits and how much
  • The process is often longer and more complex
  • Someone must apply to the court to be appointed as executor
  • A special insurance policy (a Bond of Caution) is usually required

It can also cause additional stress for families at an already difficult time — and may not reflect what the person would have wanted.

A final thought

Making a Will is one of the simplest ways to bring clarity and reassurance to the future.

If you’re unsure where to start — or what any of this means for you — you don’t have to figure it out alone. We’re here to guide you through it, clearly and confidently, at every step.