If someone has died in Scotland and you’re not sure whether they left a Will, it’s important to find out before taking any further steps. A valid Will affects who inherits and who has the legal right to deal with the estate. If no Will can be found, different legal rules apply.
What comes before this
Why it matters
A valid Will determines:
who can apply for Confirmation
who is legally entitled to inherit the estate.
Even if Confirmation isn’t needed, the estate should be distributed according to the Will. If there is no valid Will, specific legal rules apply instead.
It’s important to make every reasonable effort to find a Will before taking any steps to transfer money, sell property, or distribute belongings.
Start by checking with family and friends
Most Wills in Scotland are kept privately, not on a central register, so the best place to start is by asking people close to the person who died.
They might know:
whether the person ever mentioned having a Will
which solicitor or company helped write it
where any paperwork might be stored (such as a filing cabinet, safe, or drawer)
Search the home for a Will
Many people keep their Will at home. If you have access, search through any paperwork, folders, or secure places where important documents might be stored.
You’re looking for either:
an original Will, physically signed by the person who died
a note or copy indicating that a Will was written and stored elsewhere
Contact solicitors the person used
If the Will was made by a solicitor, that firm may still be storing the original safely.
If you think a solicitor was involved, the quickest way to find out is to contact the firm directly by email. You should include:
your name and relationship to the person who died
a copy of the Death Certificate
a phone number they can use to follow up
If you are named as an Executor in the Will, the solicitor should be able to confirm whether they hold it and arrange for release, once they’ve verified your identity. You’ll usually be asked to show ID and sign a receipt or ‘mandate’. If there is more than one named Executor, they all need to sign this.
If you're not named in the Will the solicitor might confirm whether they have a Will, but probably won’t give you any further information.
If you previously held Power of Attorney, keep in mind that this authority ends when the person dies.
It’s free to ask a solicitor whether they hold a Will, and free for them to release it if you’re entitled to receive it.
Check if a Will was registered publicly
Most Wills in Scotland are not registered before death, and there’s no central database for Wills. But some are registered voluntarily with public or private registers, which you can check if you’ve exhausted other options.
The National Will Register: A UK-wide private database that allows individuals and solicitors to register Wills. You can carry out a basic search for a fee.
Registers of Scotland (Books of Council and Session): A public register where some Wills are recorded as official deeds during the person’s lifetime. You can contact the Registers of Scotland to ask.
The local Sheriff Court: In very limited cases, a Will may have been registered voluntarily in the local Court books. Contact the Court covering the person’s last address to ask if they hold anything.
If you know someone has already successfully applied for Confirmation (Scottish Probate), you can find out whether the application included a Will. If it did, anyone can buy a copy of the Will by contacting the local Sheriff Court.
Make sure the Will is valid
Once you’ve found a Will, you need to make sure it meets the basic legal requirements for a valid Will in Scotland, whether or not you need Confirmation.
Check if the Will you’ve found is the final and original version
If you find more than one valid version of a Will, you should use the most recent one. Earlier versions may have been replaced or revoked, so it’s important to read the whole document and check the signing date.
When applying for Confirmation, the court will only accept the original Will. This means the physical version with an ink (wet) signature from the person who died. A photocopy, printout, or scanned version is not considered an original. You can usually tell by examining the signature closely.
If you’ve only found a copy, try to track down the original.
You can:
contact the solicitor named in the Will (if there is one)
ask the witnesses if they know where the original was stored
search through personal documents and safe places again
If you can’t find a Will
If you can’t find a Will after a thorough search, the estate may be considered ‘intestate’, meaning the person died without a Will.
This means the law sets out who inherits, and therefore who can act as Executor. No part of the estate should be distributed until this is confirmed.
Next step
If a Will is found, the next step is to confirm who the active Executors are.