A Will gives you greater control over what happens to your estate. Without one, your loved ones could face extra delay, cost and uncertainty.

It is easy to assume that, if you die without a Will, everything you own will automatically pass to the people you want to benefit. That might be your spouse, civil partner, partner or children.

But the position is not always that simple. Making a Will can give you greater certainty and make it easier for those close to you to deal with your estate. It will often cost less than the additional work involved when someone dies without a Will, known as dying intestate.

Here are three reasons why making a Will in Scotland matters.

1. You can choose who deals with your estate

Your Will can name the people you trust to deal with your affairs after your death. They are called executors.

Executors gather in your assets, settle any debts and/or tax and distribute your estate according to the Will. During this process they may also need to deal with banks and other organisations on your behalf.

If you die without a Will, your family may need to apply to the Sheriff Court to have an executor appointed. This court-appointed person is known as an executor dative. The law determines who is entitled to be appointed as an executor dative and so you lose control of this choice.

That extra step can increase the time and cost involved at an already difficult point for your family.

2. You may avoid the need for a bond of caution

Before executors can deal with many estate assets, they may need Confirmation from the Sheriff Court. Confirmation is the legal document that gives executors authority to collect, administer and distribute the estate.

This authority may be needed to sell a property, transfer or sell shares, or close bank accounts.

When there is a valid Will, the executor can usually apply for Confirmation. When there is no Will, a bond of caution may also be required before Confirmation can be issued.

A bond of caution, pronounced “kayshun”, is a type of insurance. It protects beneficiaries and creditors of the estate by guaranteeing that the executor dative will properly administer and distribute the estate in accordance with the law.

Depending on the circumstances, arranging this cover can add more time and expense to the process.

3. You can make clear who should inherit

If you die without a Will in Scotland, the rules of intestate succession decide who receives your estate. The outcome may not match what you would have chosen.

A surviving spouse or civil partner has certain rights, but whether they inherit the whole estate depends on the value and type of assets involved. Children or other relatives may also be entitled to a share, and their share would be payable at the age of 16 years (this can be increased in a Will). Also, without a Will, there are no protections for vulnerable or disabled beneficiaries.

This is especially important if you live with a partner but are not married or in a civil partnership. A cohabiting partner does not automatically inherit. They have a limited amount of time post-death to ask the Sheriff Court for an award from the estate, and the outcome is not guaranteed.

A Will lets you set out who you want to benefit, helping to reduce uncertainty for the people close to you.

Is making a Will worth it?

For most people, the answer is yes.

A properly prepared Will gives you more control over your estate and helps make sure your wishes are understood. It can also spare your loved ones avoidable delay, cost and complication.

The time and expense of dealing with an intestate estate can outweigh the cost of making a Will during your lifetime. A better question may be:

Is it worth not having a Will?

If you would like to make a Will in Scotland, or review an existing Will after a change in your life, our Private Client team is here to help. Contact us to talk through your wishes and the options available to you.