Witnessing of Wills in the present climate

Meanwhile, the Law Society of Scotland has issued advice indicating that witnessing by video link is acceptable. I am not sure on what legal basis that is stated. The Requirements of Writing (Scotland) Act states that it is necessary that a witness “sees” the granter subscribe, or the granter acknowledges the subscription.

In any case, it is also competent to execute a will under Scots Law without any witness, and this is recommended as a stopgap measure. It is clearly not best practice, and in the event of death requires some additional procedure in support of the Will to procure Confirmation.

Dale Ross
Blackadders LLP