Scottish Will terminology can feel unfamiliar, especially if you are making a Will for the first time. Words such as executor, beneficiary, residue and codicil all have particular meanings.
Understanding Scottish Will terminology can help you discuss your wishes, ask questions and check that your Will reflects what you intend. You do not need legal knowledge before meeting your solicitor, but you should understand the document before signing it.
This guide explains 13 terms you may encounter when making or updating a Will in Scotland or dealing with an estate.
Understanding Scottish Will terminology
A Will is a legal document setting out your instructions for what should happen to your estate after you die. It can identify who should inherit and appoint the person responsible for administering your estate.
In Scotland, your Will operates alongside succession law, including the legal rights of certain family members. It does not necessarily control what happens to every asset you own.
Our guide to Scottish Will terminology explains the people, gifts and legal processes you may need to consider.
1. Testator
The testator is the person making the Will.
If you are discussing your own Will with a solicitor, you are the testator. You may encounter this word in legal documents, although your solicitor may simply refer to you by name when explaining the wording.
2. Estate
Your estate is broadly the money, property and possessions you leave when you die. Debts and other liabilities must also be taken into account when administering it.
Assets can include a home, savings, investments and personal belongings. However, not every asset necessarily passes under your Will. The treatment of jointly owned property, pensions and certain insurance arrangements depends on how they are held and the terms that apply.
Give your solicitor a full picture of your circumstances so they can explain what your Will can cover.
3. Executor
An executor is the person responsible for administering your estate after your death. You can appoint more than one executor.
Their work can include identifying assets and liabilities, dealing with debts and tax, obtaining confirmation where required, and distributing the estate to those entitled to inherit.
An executor named in a Will is known as an executor-nominate. Where a court appointment is needed, the person appointed is called an executor-dative. This can happen where there is no Will or where no executor named in the Will is able and willing to act.
When choosing an executor, consider whether they are willing and able to take on the responsibility. Your solicitor can help you consider suitable appointments and replacements.
4. Beneficiary
A beneficiary is a person or organisation entitled to receive something from an estate.
A beneficiary might receive a particular possession, a sum of money or a share of what remains. A charity can also be a beneficiary.
An executor can also be a beneficiary, so the person administering your estate may be someone who inherits under your Will.
5. Legacy
A legacy is a gift left in a Will.
You may come across different descriptions:
- A pecuniary legacy is a specified sum of money.
- A specific legacy is a gift of a particular item or asset.
- A residuary legacy is a gift of all or a share of the residue.
These distinctions matter because gifts can be treated differently when an estate is administered, particularly if there are insufficient assets to meet every gift.
Your solicitor can explain how your chosen gifts fit together.
6. Residue
The residue is what remains of your estate after debts, funeral and administration expenses, tax, any legal rights claims and other gifts payable from the estate have been dealt with.
For example, your Will might leave individual possessions to named relatives, a fixed sum to a charity and the residue to your children.
The final value of the residue can change as your assets, liabilities and circumstances change. Including a suitable provision for the residue helps address what happens to assets not covered by individual gifts.
7. Moveable property
Moveable property generally includes assets such as money, investments, jewellery, furniture and vehicles.
In Scottish Will terminology, “moveable” is a legal classification. It does not simply mean belongings that you can physically move.
The distinction matters because legal rights claims are calculated against the net moveable estate, rather than land and buildings.
8. Heritable property
Heritable property generally means land and buildings, such as a house.
Your interest in a property may form part of your estate. However, how a jointly owned property passes on death depends on the ownership arrangements, including whether the title contains a survivorship provision.
Do not assume that your Will determines what happens to your share of a jointly owned home. Your solicitor can check the title and explain how it fits with your plans.
9. Legal rights
Legal rights are entitlements available to a surviving spouse or civil partner and children under Scots law. They can be claimed whether or not there is a Will.
These rights provide a claim against a share of the net moveable estate. They do not apply to heritable property, such as land and buildings.
Where a child has died before their parent, that child’s descendants may be entitled to claim in their place through a principle called representation.
The interaction between legal rights and gifts under a Will can be important. Someone entitled to both will generally need to choose between claiming legal rights and accepting the provision made for them in the Will, unless the Will provides otherwise.
Your solicitor can explain how these rules affect your plans and the choices available to those entitled to claim.
10. Trustee
A trustee manages assets held in a trust according to its terms and their legal duties.
A Will may create a trust, for example where assets are to be managed for beneficiaries rather than transferred to them immediately.
The same people may be appointed as executors and trustees, but the roles involve different responsibilities. Your solicitor can explain whether a trust is appropriate and what the proposed wording would mean for your beneficiaries.
11. Codicil
A codicil is a separate legal document that changes an existing Will without replacing it entirely.
It may be suitable for some changes, but it is not always the clearest option. Where your circumstances or wishes have changed significantly, your solicitor may recommend preparing a new Will instead.
A codicil must meet the relevant legal requirements. Avoid making handwritten changes to your signed Will yourself.
12. Revocation
Revocation means cancelling a Will or an earlier provision.
A new Will commonly includes wording revoking previous Wills and codicils. This helps make clear which document records your current wishes.
If you have a separate Will dealing with assets in another country, tell your solicitor. The documents need to work together so that new wording does not unintentionally cancel arrangements you want to keep.
13. Confirmation
Confirmation is a legal document issued by a Scottish court giving an executor authority to collect, administer and distribute the estate covered by it.
The application includes an inventory, which lists the deceased’s assets and their values at the date of death.
Confirmation is part of estate administration after a death. It is not a document you obtain when making your Will, and it is not required in every estate.
For more detail, read our guide to confirmation versus probate in Scotland.
Need help understanding Scottish Will terminology?
You do not need to arrive at an appointment knowing every legal term. Understanding Scottish Will terminology can help you prepare, but your solicitor should explain how the wording applies to your circumstances.
At Kaur Sutherland, we make Scottish Will terminology easier to understand. Our Estates team helps clients across Scotland make and update Wills that reflect their wishes, explaining the provisions and answering questions before you sign.
Speak to us about making or updating your Will.
Call 0141 611 6000 or email info@mackaur.co.uk.
