Scottish Wills from 1926 onwards.

[Elwyn Soutter]

Grateful for advice as to how you search for and obtain a copy of a Scottish will after 1925 (ie wills that are not on the Scotlandspeople site).

[GR2]

You look in the Register of Confirmations which tells you if there was a will, then use the details there to get the will from the sheriff court books. What year are you looking for? If it is between 1926 and 1936 or between 1948 and 1959 I may be able to help you.

[Elwyn Soutter]

Thanks for that information.

I am after several wills but none is for the years you mention. Where do I find the Register of Confirmations? Is that held in NRS in Edinburgh?

[GR2]

These registers are available in the National Records and in some public libraries. I'm not sure how you would find a will after 1959 when the registers stop. I suppose you would have to contact the office of the sheriffdom where the will was confirmed. That is, if there was a will; most people did not make one. Someone else who has found a recent will may reply and give you better information.

[MonicaL]

Some additional notes here that may help www.nas.gov.uk/guides/wills.asp

Monica 

[carolineasb]

Please note that the information held by the NRS is of Confirmations.  These may be Testate (with a Will) or Intestate (without a Will).

Confirmation is NOT mandatory in Scotland and, therefor, there may be no need for a Will to be registered anywhere officially when a person dies and so no information may be available about the Estate.  Confirmation is only required if someone asks for it (eg a financial institution) or perhaps when it is required for the transfer of property.

There are a few Wills registered with individual Sheriff Courts but that is pretty unusual and there are also some Wills registered at the Edinburgh Sheriff Court in their Commissary Section. Some solicitors do this perhaps to insure against loss of the original.

If the Confirmation required is within the last 10 or so years (I am unsure of the exact dates), it may be that your local Sheriff Court may be able to copy the Confirmation for a fee (and that is only IF Confirmation has actually been issued).  Further back, I understand that you would need to contact NRS.

[imchad]

Hi

In the National Archives of Scotland, the Calendar of Confirmations goes up to about 1985.  That tells whether a person is testate or intestate and the date and court of recording. This is the important reference as that should enable you to work out the volume from the Court to order in. Then it is a case of looking around the date given.  After 1985, you can go to the Legal section and obtain a will for a nominal amount with the exception of very recent which needs an application to the Sheriff Court in Chambers Street, Edinburgh.

The calendar has been digitised and available on virtual volumes. A few Sherriff Court books have also been digitised which eliminates the need to order in volumes.

Ian A McClumpha

[Elwyn Soutter]

Many thanks.

[carolineasb]

Please note my post above that it may not be necessary to apply to Edinburgh Sheriff Court for recent Confirmations.  If you are in Scotland, contact your local Sheriff Court for further advice regarding what is available and where copies can be obtained.  Contact details for Sheriff Courts are on the Scottish Court Service website.