A recent decision of the Sheriff Court in Falkirk is a timely reminder of how important it is to make changes to your Will properly and formally. The case involved a dispute between two sisters following the death of their mother. One sister claimed that their mother had intended to change her Will and exclude the other sister from inheriting. The difficulty was that this supposed change was never formally made.
What happened?
After their mother died, one sister discovered a copy of a letter among her mother’s papers. The letter appeared to be addressed to solicitors and set out instructions to change her Will so that one daughter would receive nothing from the estate.
However, the Will held by the solicitors dated back to 2002 and had never been updated. The solicitors confirmed they had never received the letter. Only a copy of the letter was found, with the original missing, and there was no clear evidence that the letter had ever been sent, signed, or intended to take effect on its own.
The sister who would benefit from the change asked the court to treat the letter as an informal amendment to the Will.
What did the court decide?
The Sheriff refused the claim. The court concluded that the letter was not a valid change to the Will and that the original Will remained effective. In reaching that decision, the Sheriff placed weight on several important points.
The letter looked like instructions to a solicitor, not a final statement of the deceased’s wishes. There was no proof the letter had been signed or sent. The deceased lived for many years after the letter was written and never followed it up. Given her careful approach to her affairs, the court concluded it was more likely she had changed her mind or decided not to proceed.
In short, the court was not prepared to treat an informal, uncompleted step as a binding change to a Will.
Why informal writings are risky in Scotland
Scottish law does allow handwritten documents to have legal effect in some circumstances, but the courts apply this very strictly when it comes to Wills. To succeed, an informal document must clearly show that the person intended it to change their Will, not merely record thoughts, instructions, or feelings at a particular moment in time.
The courts have repeatedly shown how difficult this is to prove. In another recent case, commonly referred to as Downey’s Executors, handwritten notes made by the deceased were also held not to change the Will. Even though those notes were signed and dated, the court decided they did not clearly express a final intention to alter the Will.
The message from the courts is consistent: informal writings are rarely enough.
The key lessons from this case
This decision highlights several practical points that are worth bearing in mind.
If you want to change your Will, do it properly. A letter, note, or email is not a substitute for a formally executed Will or codicil. If your circumstances have changed, or you simply feel differently about how your estate should be divided, the right course of action is to instruct your solicitor to prepare a new Will or a formal update to the existing one.
Intentions are not enough. Even if someone genuinely intended to make a change, the court needs clear evidence that the change was final and legally effective. Good intentions, unfortunately, do not carry legal weight on their own.
Delays create doubt. If years pass without a Will being updated, the court may conclude that the person simply decided not to go ahead. The longer the gap between a stated intention and any formal action, the harder it becomes to argue that the intention was genuine and lasting.
Disputes after death are costly and stressful. Informal arrangements often leave families arguing about what the deceased “really meant”. These disputes can be emotionally exhausting and financially draining for everyone involved. A clear, properly executed Will is one of the best things you can do to protect your family from unnecessary conflict.
A simple way to avoid problems
The safest and simplest way to ensure your wishes are followed is to review your Will regularly, make any changes through your solicitor, and ensure all updates are properly signed and recorded. Doing so avoids uncertainty and reduces the risk of disputes between loved ones after your death.
Life events such as marriage, the birth of a child, separation, retirement, or a significant change in your financial circumstances are all good triggers to revisit your Will. Even without a major life change, it is good practice to review your Will every few years to make sure it still reflects what you want.
Why instruct maloco mowat parker?
At maloco mowat parker, our Private Client team regularly advises clients on making and updating Wills, as well as broader estate planning. We understand that family relationships and circumstances change over time, and we are here to make sure your Will continues to reflect your wishes clearly and legally.
We take the time to understand your situation and explain your options in plain language, without unnecessary jargon. Whether you are making a Will for the first time or need to update an existing one, our experienced solicitors will guide you through the process with care and attention to detail.
Based in Dunfermline and serving clients across Fife and beyond, maloco mowat parker combines a personal, approachable service with the legal expertise you need to get things right. Our aim is always to make the process as straightforward and stress-free as possible.
Taking the next step
If you are thinking about changing your Will, or if you are unsure whether your current Will still does what you want it to do, now is a good time to take advice. A short conversation today can prevent significant difficulties later.
Contact maloco mowat parker to arrange a confidential discussion with one of our Private Client solicitors. You can reach us by calling 01383 629 720, visiting our office at 6-8 Bonnar Street, Dunfermline, or by using the contact form on our website.