Testamentary Formalities in Scotland

Kenneth G C Reid

in Comparative Succession Law

Published in print October 2011 | ISBN: 9780199696802
Published online January 2012 | e-ISBN: 9780191732065 | DOI:
Testamentary Formalities in Scotland

More Like This

Show all results sharing this subject:

  • Company and Commercial Law


Show Summary Details


There are no separate rules of testamentary formality in Scottish law, and wills are solemnised in the same way as other juridical acts for which writing is required. The reason is historical. Until 1868 it was not possible to make a will in respect of immoveable property, and heirs could only be disinherited by a deed which had at least the appearance of an inter vivos conveyance. In practice, such conveyances tended to be used for moveable property as well although a will was competent. The result was that wills were little used until the second half of the nineteenth century, by which time it was too late to develop distinctive rules of execution. This chapter examines the history of testamentary formalities in Scotland, considers the influences, internal and external, on the development of the law, and evaluates the role played by legal policy.

Keywords: Scottish law; testamentary formalities; history; wills; deeds; execution

Chapter.  15655 words. 

Subjects: Company and Commercial Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.