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CHALLENGING THE VALIDITY OF A WILL

Dealing with the death of a relative can be a difficult and emotional time, but even more so if a dispute arises over the terms of a Will. There are two grounds on which a Will can be challenged in Scotland:

1. FORMAL VALIDITY

Formal validity deals with the procedural requirements that must be abided by in order to ensure that the Will is a valid testamentary document. For example, a Will should be in writing and it should be signed at the bottom of every page. Surprisingly, it does not need to be witnessed to be valid, but it is much better practice to have a Will witnessed to avoid some procedural steps that have to be taken to implement a Will that is not witnessed. The formal validity of a Will is governed by The Requirements of Writing (Scotland) Act 1995. Read more…