Why you should have a Will
For many people, a Will is the most important legal document they will have in their lifetime. It sets out your instructions for what should happen to your personal assets – money, property, investments, possessions, etc. – upon your death. It is the best way to ensure that the chosen people that you care about inherit in the exact way that you want them to.
If you do not have a Will, there is no guarantee that your wishes will be respected and followed after you die. Instead, your estate will be distributed in line with the Scots law rules of intestacy, which limit inheritance to certain family members, and might not bear any relation to what you would like to happen on your death.
The absence of a suitable Will can lead to inheritance disputes which can be costly, both financially and emotionally, for all those involved. Not having an appropriate Will in place can also mean that your estate is liable to Inheritance Tax in a way that might have been avoided with careful planning.
In summary, to make sure your estate can be dealt with in line with your wishes, it is vital to have a Will in place.
If you have found yourself in a situation where there is no Will or a poorly drawn up Wills is causing administrative challenges or inheritance disputes, we can help.
Benefits our Wills solicitors bring to you
Our experienced private client solicitors, based in Edinburgh and Glasgow, can assist you with preparing an appropriate Will to ensure that your loved ones are supported after you pass away. Whether your estate is simple or complex, we can offer clear, practical advice and help you avoid any issues that may arise.
We understand that everyone’s circumstances are different, which is why we provide a bespoke Will-writing service, tailored to your personal needs. Our approachable, professional Will solicitors will guide you through the process, ensuring you are aware of the many options available to you.
How we can help you:
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Face-to-face or online meetings with one of our Will specialists, to provide full advice and take your instructions. That will include tax planning advice where appropriate, including on how to mitigate Inheritance Tax.
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The preparation and drafting of your Will and associated documents, and a clear, practical explanation of how it fits with your personal situation and objectives, covering things such as guardianship of your children, who will execute your Will, and charitable beneficiaries.
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Meeting with you to sign the documents and arranging storage at Morton Fraser MacRoberts.
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Appointments to review your Will as needed in light of changing life circumstances.
We can also recommend other steps that you might take as part of your estate planning, such as preparing a Power of Attorney, or placing life policies in trust.
Wills: Some frequently asked questions
Wills FAQ
Everyone should have a Will, but it is even more important that you have one if you own property, have children, have savings, shares or investments, or own your own business. Without a Will, you can’t be sure that your estate will be passed to the people you want to have them.
Yes – you can have single Wills (just you), Mirror Wills (normally with your partner) or Trust Wills (your trustees manage your things after you leave).
Which one you pick will depend on your circumstances, and we can advise which option suits you best.
In theory, yes, but it is not something we would advise. There are many things that can go wrong when writing your own Will – using the wrong wording or misspelled words can mean that your instructions won’t be followed or, worse, it could make your Will invalid.
If you do not have a Will, you cannot be sure your loved ones will get what you want them to. If you are not married or in a civil partnership, your partner will not be automatically entitled to your estate, even if you live together.
If you don’t have a Will, it could be left up to a judge to decide who cares for your children.
If you want a specific person you trust to look after them, it is vital that you name them in your Will, otherwise they may go to someone you might not have chosen.
