Historically, inheritance in Scotland works differently than in England and Wales. A will gives the wishes of a person with regards to their possessions and how they wished these to be bequeathed after their death. In Scotland, a testament refers to the document that is written after the person has died, confirming the name of the executor or executrix. The testament includes an inventory which may list all of the deceased person's belongings. The equivalent of English probate is the confirmation clause of a testament testamentar or the testament dative, depending on whether or not the deceased left a will.
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Scottish WillsScottish Wills
Similar to England and Wales, a will in Scotland gives details of the person bequeathing their belongings. This may also give information such as their residence or occupation. Where other people are named within the will, their relationship to the person may or may not be given. A will may state 'to my wife Ann' or simply 'to my wife' for example. Where names are given but no relationship is stated, this may be hard to discover how they knew one another. A beneficiary could be a relative, colleague, friend or neighbour.
Not everybody left a will so you will not necessarily find a relevant document for all of your Scottish ancestors.
Testament TestamentarTestament Testamentar
If a person died after having written a will then the process of disposing of the estate was known as 'testament testamentar'. There are four parts to a testament testamentary:
- An introductory clause
- An inventory listing the deceased's belongings known as 'moveable estate'
- A copy of the relevant will
- A confirmation clause
Testament DativeTestament Dative
If a person died intestate (with no will being created before their death) then a document known as a Testament Dative was created. This is a similar document consisting of the same parts as a testament testamentar but without the copy of the will. A relative is normally named as the executor or executrix. The English equivalent of a testament dative are letters of administration.
Where to find Scottish WillsWhere to find Scottish Wills
Scottish wills can be found at Scotland's People. Wills and testaments from 1513 to 1925 have been digitised. For wills dating between 1925 and 2000, you may visit the National Records of Scotland centre in Edinburgh in person to view them as they have not yet been digitised. For wills after 2000, researchers need to contact the Edinburgh Sheriff Court.
Alternatively, you can search in the Scotland, Commissary Court Wills and Testaments collection on MyHeritage. This includes partial summary transcriptions of Scottish wills dating 1514 -1800.
See alsoSee also
Explore more about Wills and probate in ScotlandExplore more about Wills and probate in Scotland
- Scotland, Commissary Court Wills and Testaments at MyHeritage
- Foundations of Scottish Genealogy 6 of 12: Scotland has no Probate – Wills and Testaments, Land Inheritance back to 1544 at Legacy Family Tree Webinars
- Inheritance in Scotland – Wills, Testaments, and Land Records at Legacy Family Tree Webinars
- Researching Your Scottish Ancestors at Legacy Family Tree Webinars
- Wills and testaments at Scotland's People
References