Making a Will
Making a Will is a good way of giving long term protection to your family and your assets. The importance of doing so cannot be overlooked – if you die without a Will it can lead to unintended financial and emotional anxiety for your family. The absence of a Will means your estate will take longer to settle, may involve costly court proceedings and your assets may not go to the people you intended.
A Will gives you the reassurance that all of your assets will be dealt with according to your wishes after your death. It is a simple and inexpensive way of leaving your legacy to your chosen beneficiaries.
Clients often put off writing a Will until they are in their 50’s however in reality it is never too early to set out what you want to happen to your estate in the event of your death.
Many people believe that when they die, their estate automatically goes to their immediate family, however this isn’t always the case. If there is no Will, their assets are distributed according to the law of intestacy, and may not go to the people they would have chosen.
For example, if you die without a Will leaving a spouse or civil partner but no children, the survivor can find that they are sharing the estate with their partner’s brothers, sisters or parents. This is because the law of intestacy determines who inherits what.
Your Will is an important legal document and a badly written or incorrectly worded Will can create more problems than not having one at all. It makes much more sense to have your Will drafted by a suitably qualified professional.
You may have already written a Will when you bought your first home or when your children were young. However, family structures often change and your Will may not reflect your wishes now. If you now have grandchildren, or beneficiaries who are divorced or indeed beneficiaries who may have died, it makes sense to review your Will to ensure your estate is being passed to those who you intend it to be passed on.
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You can download our information leaflet and even share them with family and friends.
To speak to one of our Solicitors call 0131 222 9975
[toggles][toggle title=”Once I write my Will can I change it?”]
A: You can add to your Will or revise elements of it using codicils. However sometimes it may be simpler to write a new Will. Stuart & Stuart will always advise on the best course of action[/toggle]
[toggle title=”Can I write my own Will”]
A: Yes, you can however making your own Will can be risky. The law in Scotland is extremely complex so it is important to talk to a Solicitor to help you understand how a Will can be used to protect the future interests of your beneficiaries[/toggle]
[toggle title=”Can I have more than one Executor”]
A: Yes, you can have as many Executors as you wish however it is more common to have either 1 or 2 Executors[/toggle]
[toggle title=”Can I appoint a guardian for my children in my Will”]
A Yes, if you have young children you should name who you would want to become their legal guardian in the event that you die. This will prevent the state and social services from appointing a guardian in your absence[/toggle]
[toggle title=”Can a husband and wife have a mutual Will”]
A: No, you should have individual Wills – often married couples have mirror wills which basically mean you both make the same provision[/toggle]
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