Why a ‘Back of the Envelope’ Will Just Won’t Do

Published byEmma Buchanan

7th August 2025

Home-made alterations to wills, known as “informal writings”, can be a dangerous business.

Firstly, what makes a will a will? In Scotland, it is a formal document intended by the person who makes and executes it (known as the “testator”) to be an official declaration of their wishes.

In order for it to be considered legally valid, it is required to take a certain form.

Firstly, it must show clear testamentary intention. Put simply, if this is your will, it must be clear that you intend this document to deal with your Estate on your death. It must be signed on every page, and must also be signed on the last page before one witness.

In theory, if the above criteria are satisfied, a will is created.

However, the advice of a solicitor is invaluable when it comes to coherent drafting – and can prevent complications from arising down the line.

A solicitor’s role is to draft a will which is clear and without contradiction, which may help to avoid complex court cases from arising upon death. A solicitor can also provide advice on matters such as asset protection and inheritance tax, which can impact on the contents of the will.

Amendments to your will can be made with an additional document known as a codicil. These are typically used when small adjustments are required. As with the will, a codicil needs to be signed by the testator before one witness, and it’s a document your solicitor can prepare for you.

What are ‘informal writings’?
If you’ve ever had a will prepared by a solicitor, you may have noticed an informal writings clause in your will which reads: “I direct my executors to give effect to any future writings subscribed by me however informal the same may be, provided that in the opinion of my executors, they clearly express my opinions.”

This means the executor of your estate (the person who’s legally responsible for managing your estate according to the terms of your will) is directed to give effect to any writings, no matter how informal (i.e. not signed, dated and witnessed). Essentially, they should follow and carry that instruction.

But be aware - informal writings are open to interpretation. The executor must believe they clearly express your opinion, as must a court if a matter is contentious. It must be proven that there is ‘testamentary intention’. That’s why it’s so important to make sure your wishes are clear, concise and unimpeachable.

When informal writings are ambiguous
One such example is a Scottish case from 2021, concerning the Estate of the late Margaret Downey who prepared a will through her solicitor in 2012. When she died in 2019, Christina Cummins and Bridget Tierney (her executors) found a copy. It was still in the envelope, which was sent to her by her solicitor, and on the back were handwritten instructions headed “alterations” which would have led to the disinheritance of two beneficiaries in the will.
The Sheriff held that the writing was insufficiently clear and found a lack of evidence suggesting testamentary intention. He was not convinced Mrs Downey’s intention was to amend her will, and her informal writing was disregarded.

Had Mrs Downey made an appointment with her solicitor to prepare a codicil to formally amend the terms of her will, her wishes would have been upheld.

Seeking expert advice
The message here is to seek advice from your solicitor should you wish to make even the simplest amendments to your will. Informal writings should be made as a last resort should you find yourself unable to consult with your solicitor, or where there is no time to seek advice.

If you require any advice relating to Wills, do not hesitate to get in touch with the Private Client team  on 01786 822296.

This article first appeared in Wire Magazine