So now you know that you can make a legal Scottish will, without leaving home.

But how do you have it legally witnessed, with the constraints on social mixing in this coronavirus time?

Well, there are three fully legal ways.

There is, of course, a way whereby someone who is not mentioned in the will and is, thus, independent, can sign it. Such a person can live with you. And that is the problem over.

Another way would be for you to ask someone nearby – perhaps a neighbour – to witness the will. To avoid problems of transmission perhaps both you and your witness should wear single use plastic gloves.

Leave it for your witness through a door or over the garden fence. You need to identify, to your witness, the signatures on each page as being yours.

The neighbour then signs it on the last page, completes their name and address in the appropriate section and returns it to you. My wills provide for all that.

A third way is for a solicitor to witness it by video conferencing. This is, of course, more difficult and expensive but possible.

There is, however, yet another way. Do not have it witnessed! The will is not valid as is and,  after your day, there would have to be a court procedure to prove your signatures but it is better than no Will at all.

I would suggest that, in those circumstances, you leave a handwritten letter (dated and signed) explaining why you did not have it witnessed. This must be left with the will but would make it much easier to prove your will in the court.

I hope that this helps.



Bruce de Wert

Scottish Solicitor

and MD of