Application under Requirements of Writing Act (1995) - Scottish will

[Executrixnotextraordinaire]

Hi there, Ive had an application for grant of confirmation rejected as the deceased’s will was made in 1991 and doesn’t meet requirements of the act above. (not signed on each page by deceased)
Does anyone know how I go about applying to have will validated so confirmation can proceed?

Courts advise seeking legal advice but Im keen to avoid additional costs if I can.

TIA

The Act is not retrospective. What this means is that any document executed before this came into effect on 1st August 1995 is not bound by it.

I would suggest that it may be likely that the person who rejected it did not look at the date it was signed. Perhaps send it back with a big yellow sticky note and an arrow pointing out the date?

However, if the will is not dated at all then there is a presumption that it was made after 1995 which you will then have to prove otherwise.

14(3) Subject to subsection (4) below and without prejudice to subsection (5) below and section 11(4) of this Act, nothing in this Act shall—

(a) apply to any document executed or anything done before the commencement of this Act; or
(b) affect the operation, in relation to any document executed before such commencement, of any procedure for establishing the authenticity of such a document.

(6) For the purposes of this Act, if it cannot be ascertained whether a document was executed before or after the commencement of this Act, there shall be a presumption that it was executed after such commencement.

Thanks for your reply, i have spoken to clerk and they are aware when it was written and I offered to apply under the Conveyancing Act but they've said this was repealed when replaced by ROWSA, and affadavit is required from witnessing solicitor.

Am I better to go back stating why I don't believe it applies and see what they say or apply under earlier act with qualifying narrative in covering letter?

How do I approach situation with solicitor?

If the will is signed only by the deceased and is either entirely in their own handwriting or bears the words "adopted as a holograph" in their handwriting before the signature, it is classed as a holograph will and you need an affidavit from someone who can confirm that the will is in the deceased's handwriting.

However, if the will was signed by the deceased and witnessed by two witnesses, it is an attested will. In that case, there is no need for an affidavit and the clerk doesn't know what they are talking about.

It is an attested will. Ill await solicitor thoughts first and take it from there.