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. The original was missing.
• 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, it was considered more likely she 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 (often 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.

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.

Delays create doubt.

If years pass without a Will being updated, the court may conclude that the person decided not to go ahead.

Disputes after death are costly and stressful.

Informal arrangements often leave families arguing about what the deceased “really meant”.

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.
• Ensure all updates are properly signed and recorded.

Doing so avoids uncertainty and reduces the risk of disputes between loved ones after your death.

How Paris Steele can help

At Paris Steele, we regularly advise clients on making and updating Wills, as well as broader estate planning. We understand that family relationships and circumstances change, and we can help ensure your Will continues to reflect your wishes clearly and legally.

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 Paris Steele to arrange a confidential discussion with one of our Private Client solicitors.