A recent Scottish court case highlights the risks of relying on informal documents to change a Will. The court was asked to decide whether a copy letter found after death had the effect of altering a formally executed Will. The answer was clear. It did not. The case is an important reminder that if you want to change your Will, it must be done properly, with legal advice, or the original Will is likely to stand.
Disputes over estates often arise where family members believe a loved one intended to change their Will but never completed the formal steps. This recent Scottish case, involving an unsent copy letter discovered after a mother’s death, shows just how difficult it can be to persuade a court that an informal document should override a properly executed Will. It also highlights the cost, uncertainty and emotional strain that can follow when matters are left unresolved.
What happened in the case?
After their mother’s death, one daughter discovered a copy letter among her papers. The letter appeared to instruct solicitors to remove the other daughter from the Will. The Will itself had last been formally updated many years earlier and still benefitted both daughters.
The daughter who found the letter argued that it amounted to an informal codicil and should be treated as a valid change to the Will. The other daughter disputed this, pointing out that there was no evidence the letter had ever been sent, received, or intended to have legal effect.
What did the court decide?
The court refused to treat the copy letter as a valid amendment to the Will. In reaching that decision, the Sheriff focused on several key points:
- The document read as instructions to a solicitor, not as a final expression of testamentary wishes.
- Only a copy was found, with missing pages and uncertainty over whether it had ever been signed in full.
- There was no proof the letter had been sent, received, or lost.
- The deceased lived for many years after writing the letter and never followed up by formally changing her Will.
Taken together, the court concluded that the letter did not represent the deceased’s settled intentions. The formally executed Will therefore remained valid.
Why informal Will changes so often fail
Scottish law places significant weight on formal Wills that comply with legal requirements. While handwritten or informal documents can sometimes be considered, the threshold is high. The court must be satisfied that the document clearly shows an intention to change the Will and that it was properly executed.
Draft notes, unsent letters, emails, or documents kept in a drawer rarely meet that standard. Where intention is unclear or formalities are missing, the court will not speculate. This leaves disappointed beneficiaries facing an uphill struggle.
The real cost of getting it wrong
Cases like this often involve substantial legal expense, long delays and significant emotional strain for families. Even where a claim is unsuccessful, the cost of pursuing court proceedings can materially reduce the value of the estate. These disputes are rarely quick or straightforward and the outcome is never guaranteed.
From a practical perspective, this is precisely the type of situation that proper advice and a formally updated Will is designed to avoid.
Why engaging Wallace Quinn makes a difference
At Wallace Quinn, we regularly advise clients on making and updating Wills to ensure their wishes are clear, effective and legally sound. We help you:
- Properly record changes to your wishes using a new Will or codicil
- Avoid uncertainty that can lead to disputes after death
- Ensure your Will complies with Scots law, including legal rights
- Gain peace of mind that your estate will be administered as intended
A short conversation at the right time can prevent years of difficulty later.
A simple takeaway
If you want to change your Will, do it properly. Informal notes, draft letters or unsent instructions are unlikely to have legal effect and can leave your family facing costly and distressing court proceedings.
Ready to make sure your Will reflects your wishes?
If you are considering changing your Will or are unsure whether your current Will still reflects your intentions, the Private Client team at Wallace Quinn can help. Taking advice now can save your loved ones significant stress and uncertainty later. Please get in touch to arrange a confidential discussion
Frequently asked questions about changing a Will
Q: Can a handwritten letter change a Will in Scotland?
A: Only in very limited circumstances. The document must clearly show an intention to change the Will and meet legal formalities. Most informal writings do not qualify.
Q: What is a codicil?
A: A codicil is a formal legal document that amends an existing Will. It must be properly drafted and executed to be effective.
Q: What happens if a Will is unclear?
A: Unclear or disputed Wills often lead to court proceedings. This increases cost, delays estate administration and can damage family relationships.
Q: Is it expensive to update a Will properly?
A: In most cases, updating a Will or adding a codicil is straightforward and far less costly than dealing with a dispute after death.
Q: Can I rely on a letter of wishes instead?
A: A letter of wishes can guide executors but it does not override a Will. It should never be used as a substitute for formal changes.
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- Home for Christmas? It Might Be the Right Time to Talk About Wills and Powers of Attorney
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- Dying intestate in Scotland means higher costs and potential delay
- Why unmarried cohabiting couples must make Wills
- DIY Wills Scotland – Common Problems and How to Prevent Them