Books of Council and Session¶
The Books of Council and Session — also called the Register of Deeds — is a Scottish public register held by Registers of Scotland in which deeds, including wills, can be registered for preservation. The register is the modern continuation of a record originating in 1554 and is recognised by Scottish courts. A document recorded in the Books of Council and Session is held permanently by Registers of Scotland; the registrant is issued an extract which has the legal effect of the original and can be produced in any later proceedings, including confirmation (Scotland's equivalent of probate).
For wills specifically: the will must meet the formality requirements of the Requirements of Writing (Scotland) Act 1995 and be in a form acceptable for registration. Most Scottish solicitors who draft a will offer to register it on the client's behalf; the original goes to Edinburgh, the extract is kept by the solicitor or returned to the client. The registration fee is modest (low tens of pounds; check the current Registers of Scotland fee schedule before relying on a specific figure) and there are no annual fees.
Advantages: permanent government storage; immune to the failure of any private firm; the extract can be used in place of the original; recognised by every Scottish court and registrar.
Disadvantages: limited to Scotland; the original passes out of the testator's hands; the formality requirements rule out informal home-made wills; less widely known to non-Scottish executors who may not think to ask whether a will has been registered.
The Books of Council and Session also accept other deeds — leases, contracts, missives — for the same preservation purpose; will registration is one use among several.
Last verified: 2 May 2026 against ros.gov.uk Register of Deeds.