TSEM6509 - Legal background to trusts and estates: Scottish law - age of legal capacity

Age of Legal Capacity (Scotland) Act 1991

From 25 September 1991, a child is under no legal incapacity from the age of 16. The provision was in the Age of Legal Capacity (Scotland) Act 1991. This means that children of 16 can

• sign a contract
• claim a tax repayment
• require trustees to pay over funds in which they have a vested interest
• make a trust or a will

Until 23 September 1991, it was possible for a will to be made by

• boys of 14 or over
• girls of 12 or over.