And why losing a Will in Scotland can cause real difficulty

Making a Will or granting a Power of Attorney is one of the most important steps you can take to protect yourself and your loved ones. But just as important as putting the documents in place is knowing that they will be safe, secure, and easy to find when they are needed.

Unfortunately, many people store their Wills at home, in drawers, filing cabinets, or even lofts — places where documents can be misplaced, damaged, or accidentally destroyed. This can cause significant stress and delay at an already difficult time.

What happens if a Will is lost?

In Scotland, if the original signed Will cannot be found after death, it is generally presumed to have been revoked. This can mean that the estate is treated as if there is no Will at all, even if a copy exists and everyone agrees what the deceased intended.

Where an original Will has been lost or destroyed, the executors may require to raise a court action to prove the tenor of the Will. This is a formal legal process which asks the court to accept a copy Will (or other evidence) as valid.

Proving the tenor can be:
• time-consuming
• expensive
• stressful for families
• and is not guaranteed to succeed

In some cases, if the court is not satisfied, the estate may be distributed under the rules of intestacy, rather than in accordance with the deceased’s wishes.

If your will is lost, we can also advise you on a Proving the Tenor court action.

The peace of mind of professional Will storage

Storing your Will with a solicitor removes these risks. Professional Will storage ensures that:

• the original signed Will is kept securely
• it is protected from loss, fire, or accidental destruction
• it can be easily located when required
• your executors know exactly where to find it

For many clients, this provides real peace of mind — knowing that their wishes will be carried out smoothly and without unnecessary complication.

Powers of Attorney also need to be safe

Powers of Attorney are often required urgently, for example if someone becomes unwell or loses capacity.  Before making a Power of Attorney, here’s what you need to know.  If the document cannot be found quickly, this can delay important decisions about finances, property, or welfare.

Keeping your Powers of Attorney safely stored and properly recorded ensures they can be relied upon when they are needed most.

Free Will storage for our clients

When you prepare your Will with us, secure Will storage is part of our service. Even if you haven’t prepared your Will here, we offer a FREE WILL STORAGE service.  There is no ongoing charge, and your document will be held safely for as long as it remains in force.

We can also advise on:

• updating or reviewing existing Wills
• granting Powers of Attorney
• ensuring your documents reflect your current circumstances

One less thing to worry about

Putting the right documents in place — and knowing they are safely stored — can make a real difference for you and your family. It is one less thing to worry about now, and one less complication for loved ones in the future.

If you would like to discuss making a Will, granting a Power of Attorney, or arranging secure document storage, please speak to a member of our team.