Only around 39% of people in Scotland have made a Will. If you’re in the 61% who haven’t then you should be taking steps to put one in place. Making a Will is not difficult, it doesn’t take long and it’s the only way your intentions can be met after your death.

Your spouse or partner is entitled to Prior Rights and Legal Rights and your children to Legal Rights only. These aren’t as straight forward as you might think and could give rise to problems.

  1. Even if you are married or in a Civil Partnership and don’t have a Will, your estate will be divided between your spouse or partner and any children. Your spouse or partner is entitled to Prior Rights and Legal Rights and your children to Legal Rights only. These aren’t as straight forward as you might think and could give rise to problems.
  2. If you’re living with someone but are not married or in a civil partnership with them, they have no automatic entitlement to your estate if you haven’t made a Will – no matter how long you’ve been together. Your partner will need to go to court to ask for a share in your estate – and they only have 6 months after your death to do that.
  3. If you and your partner jointly own a property and your partner dies without making a Will, then your partner’s children might end up owning your partner’s share in the property jointly with you
  4. If you and your partner aren’t married, and the house you stay in is in your partner’s sole name, then if he or she dies without a Will, the law of succession (winding up of your estate when you die) means that your partner’s children or more remote relatives would end up owning your home.
  5. If your partner hasn’t been divorced from a former spouse or civil partner and dies without making a Will, then your partner’s former spouse or partner will inherit the estate.
  6. If you are married or in a civil partnership and you and your spouse or civil partner each have children from previous relationships the situation can become very complicated. For instance, if you have a Will leaving everything to your current spouse or partner on the basis that when they die they will then divide the estate amongst both your children and theirs – if your spouse or civil partner does not have a Will, your children will not inherit anything when your partner dies.
  7. Making a Will is the only way to ensure your estate is passed on to those you wish it passed on to.
  8. Your Will can deal with any preferences for burial or cremation and any special funeral arrangements you’d like put in place.
  9. Making a Will enables you to choose who will deal with the administration of your estate so that you can rest assured it will be dealt with properly and promptly.
  10. A well thought out Will goes a long way to help avoiding family fall outs.

It doesn’t take long and a simple Will is very affordable.

If you already have a Will, please don’t be complacent. You should review it regularly, particularly if there has been any significant change in your circumstances or if changes in the law render a previously created Will invalid.

Don’t put it off. Do the responsible thing and make or review your Will. Call us now at Clark Boyle on 0141 227 2207 or or use the contact link below for further information or to arrange an appointment.

 

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