What happens if you don't have a Will?

  • Your family will be uncertain as to whether they benefit, and some of them may not
  • The family will have to go to Court to have an Executor appointed
  • Your estate will usually not go exactly where you want, but according to the arbitrary rules of the Succession (Scotland) Act 1964, or if you are domiciled in England, the equivalent legislation
  • There is will be additional expenses such as legal fees and Court fees,Insurance Bonds often running to several hundred pounds or more
  • there will be delays in passing on your estate

When should you make/review a Will?

  • Your first or new job/or new pension arrangements
  • When you marry/enter into a Civil Partnership/separate/divorce
  • When you buy your first home
  • When you have children
  • If you inherit some money
  • When you retire
  • As you get older
  • When you say, "I've been meaning to do one for ages."
  • when your spouse/civil partner dies

What can you do in a Will?

Leave your estate exactly where you want it to go*, including to charities,

Appoint Executors you want to deal with your estate

Control how part of your estate passes to younger children. They will otherwise inherit at the age of 16, which may be too young in many cases

reduce the effect of Inheritance Tax

Know that your affairs are in order, which makes you feel better

Take account of certain legal rules which give some members of your family special rights

We think it is important that everyone has a Will. Why not speak to us about it. The cost is probably less than you think. The cost of not having a Will will be more than you imagine!

*Legal Rights

Scots Law makes certain provisions for a spouse, or civil partner, and children to make claims for Legal Rights. They do not extend to heritable property (land, houses, buildings, etc.) These are rights that exist even where there is a Will. Legal Rights are claimed from relatively few estates, but they can cause difficulties. When we advise you on your Will, we can identify exactly what claims might be made, and how they are best dealt with.