Succession (Scotland) Act 2016

3 Rectification of will

(1) This section applies where—

(a) a person (“the testator”) dies domiciled in Scotland, leaving a will,

(b) the will was drafted not by the testator but on the testator’s instructions,

(c) after the date of death, a person applies to the court for rectification of the will, and

(d) the court is satisfied that the will fails to express accurately what was instructed.

(2) The court may order that the will be rectified in such manner as it may specify so as to give effect to the testator’s instructions.

(3) For the purposes of subsections (1)(d) and (2), the court may have regard to evidence extrinsic to the will.

(4) A will rectified by virtue of this section has effect as if so rectified when executed (but see sections 4(7) and 24).

(5) In this section, “the court” means—

(a) the Court of Session, or

(b) a relevant sheriff.

(6) In subsection (5)(b), “a relevant sheriff” means—

(a) a sheriff—

(i) of the sheriffdom in which the testator was habitually resident at the date of death, or

(ii) if subsection (7) applies, of the sheriffdom of Lothian and Borders sitting at Edinburgh, or

(b) a sheriff of the sheriffdom in which the testator’s executor obtains confirmation.

(7) This subsection applies if at the date of death—

(a) the testator was not habitually resident in a particular part of Scotland, or

(b) the particular part of Scotland in which the testator was habitually resident is not known or is uncertain.