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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11551
Experience:  30 years as a practising solicitor.
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In Scots Law, if a person already has a WILL in place and also

Resolved Question:

In Scots Law, if a person already has a WILL in place and also a power of attorney in place and doesn’t want to change either of these. But Then decides to gift a cash legacy from their estate to a close family member, and also increase another cash legacy that is already mentioned in their WILL to another close family member, if they put this in writing and sign it, will this be legally recognised and binding, under the informal writings clause in their WILL, or does the law require that a Codicil be written? Relating to a Codicil, if this document is signed but not witnessed is it legal and Binding?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
The informal writing should be in the handwriting of the testator, it should be signed and, importantly it should be dated. Also make sure it clearly expresses the intention.
The law doesn't require a codicil.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

What if it is typewritten dated & signed by the testator, also relating to my original question if a codicil is written but not witnessed is it legally binding ?

Expert:  JGM replied 3 years ago.
Anything typewritten, including a codicil, should be witnessed. If a codicil is not witnessed the executor would have to go to court to get an order for its validity and that costs money.
Customer: replied 3 years ago.

Thank you ,your assistance is very much appreciated