How do you find out if someone left a will in Scotland?
Where to look, how to search the Books of Council and Session, and what to do if you only find a copy.
Read the guideThe short answer
Before Confirmation, the only person entitled to see a will in Scotland is the executor, although it is good practice to share it with the main beneficiaries. The executor must also tell a spouse, civil partner and children what they are entitled to, so they can decide about legal rights. After Confirmation, the will is recorded with the sheriff court and becomes a public document, so anyone can order a copy for a fee. If the estate never needs Confirmation, the will may never become public.
A will is a private document while the person is alive, and for a time after they die. What changes that is Confirmation, the court document that gives the executor authority to deal with the estate. When the executor applies for Confirmation, the will goes to the sheriff court with the application, and once Confirmation is granted the will becomes part of the public record. Before that point, access depends on who you are.
Who can see the will, and when
| Person | Before Confirmation | After Confirmation |
|---|---|---|
| Executor | Yes, they are entitled to the will | Yes |
| Residuary beneficiaries | No legal right, but usually given a copy as good practice | Yes, like anyone else |
| Spouse, civil partner or children | No right to a copy, but must be told what they are entitled to | Yes, like anyone else |
| Other relatives | No | Yes, like anyone else |
| Anyone else | No, unless the will was registered in the Books of Council and Session | Yes, on payment of a fee |
Before Confirmation
Until Confirmation is granted, the will is in the hands of the executor, or the solicitor acting for them. The executor is the only person with a right to see it. In practice, most executors share a copy with the main beneficiaries, and many families read it together soon after the funeral. There is no formal "reading of the will" in Scotland.
Spouses, civil partners and children
Even if they are not entitled to a copy, a surviving husband, wife or civil partner and the children must be told what the will leaves them. That is because they can choose to claim legal rights, a fixed share of the moveable estate, instead of what the will gives them. The executor needs their decision in writing before paying out the estate. Our guide on whether you can disinherit a child in Scotland explains how legal rights work.
Beneficiaries
A beneficiary who is left a share of the residue, what is left after debts, tax and specific gifts, is usually shown the will and later given the estate accounts, which set out how the estate was divided. Someone left only a specific sum or item will normally be told about their legacy, but may not see the rest of the will until it becomes public.
After Confirmation: the will becomes public
Once the sheriff court grants Confirmation, the will is recorded with the court and becomes a public document. Anyone can ask the court for a copy, and the court will tell you the fee. The Confirmation inventory, which lists everything the person owned with its value, also becomes public.
This is a real difference from England and Wales, where a grant of probate shows only the overall value of the estate. Our guide on whether Confirmation is the same as probate covers the other differences.
Where to get a copy of a will
| Type of record | Where to ask |
|---|---|
| A recent will lodged with a Confirmation application | The sheriff court that granted Confirmation, normally the court for the area where the person lived |
| A person with no fixed home, or who lived outside Scotland | The Commissary Office at Edinburgh Sheriff Court |
| Wills registered from 1925 to 1999 | National Records of Scotland, in its search rooms |
| Wills and testaments up to 1925 | Searchable online through ScotlandsPeople |
| A will registered in the Books of Council and Session | Registers of Scotland |
Wills from 2000 onwards have not yet been transferred to National Records of Scotland, so the sheriff court is the place to start for anything recent. If you are not sure whether Confirmation has been granted, the local sheriff court can tell you.
What if there is no Confirmation?
Not every estate needs Confirmation. If the person had only small bank balances that the bank releases under its own procedure, or everything passed by survivorship to a joint owner, Confirmation may never be applied for. In that case the will is never lodged with the court and does not become public, unless someone registered it in the Books of Council and Session.
If you believe you are a beneficiary and the executor will not tell you what the will says, you may need to raise court action to have it produced. You would need a genuine interest, for example a belief that you are due to benefit and the will is not being followed.
If the executor will not share the will
- Ask in writing. Explain your connection to the person and why you need to see the will.
- Check whether Confirmation has been granted. If it has, you can get a copy from the court without the executor's help.
- Ask a solicitor to write to the executor. Many disagreements are resolved at this stage, especially where legal rights are involved.
- Consider court action as a last resort. If you want to challenge the will before Confirmation and cannot get a copy, the court can order it to be disclosed. Our guide on contesting a will explains when a challenge is possible.
If you cannot find the will at all
If you are an executor or family member and the problem is that nobody can find the will, our guide on how to find out if someone left a will explains how to search, including the Registers of Scotland search, and what to do if you only have a copy.
How we can help
We act for executors who need advice on what to share and with whom, and for family members who need to find out what a will says. We can also obtain copies of wills and Confirmations from the courts and National Records of Scotland. Talk to our executry solicitors in Glasgow, Hamilton, East Kilbride or Dumfries. We also help families across Renfrew and Motherwell.
Frequently asked questions
Can anyone see a will in Scotland?
Not straight away. Before Confirmation is granted, only the executor is entitled to see the will. Once the sheriff court grants Confirmation, the will is recorded with the court and becomes a public document, so anyone can ask for a copy on payment of a fee. A will registered in the Books of Council and Session is also public from the date of registration.
Do the next of kin have a right to see the will?
Not automatically. Before Confirmation, a spouse, civil partner or child has no right to a copy just because they are close family. However, the executor must tell a spouse, civil partner and children what they are entitled to under the will, so they can decide whether to claim legal rights instead. Many executors simply share a copy.
Can I see someone's will before they die?
No. A will is private while the person is alive. The solicitor holding it must keep it confidential, and Registers of Scotland will not search for the will of a living person.
How do I get a copy of a will after Confirmation?
Contact the sheriff court that granted Confirmation, which is normally the court for the area where the person lived. The court will tell you the fee. Older records are held by National Records of Scotland, and wills up to 1925 can be searched online through ScotlandsPeople.
What can I do if the executor will not show me the will?
Ask in writing and explain why you need it, for example because you think you are a beneficiary or entitled to legal rights. If Confirmation has been granted, you can get a copy from the court yourself. If not, a solicitor can write to the executor, and as a last resort the court can order the will to be produced.
Need help with an estate?
Our executry solicitors can take the whole process off your hands, or answer a single question. Your first appointment is free.
This guide is general information about Scots law, correct at the date shown. It is not legal advice for your circumstances.
