Wills

By making a valid Will, you ensure your wishes are clear and your loved ones are cared for after your death

A Will provides certainty about who inherits what, helping to avoid confusion and disputes. It also reduces stress for family and friends at an already difficult time, giving them peace of mind that everything is handled according to your intentions. Planning ahead is one of the most thoughtful gifts you can leave behind.

Many people assume that, after their death, their money will automatically pass to the people closest to them. But that’s not always the case.

The pitfalls of having no Will

If you die without a Will, Scotland’s rules of intestate succession will decide how your assets are distributed. This means that, although your spouse or civil partner will have certain rights to inherit, they won’t automatically receive your entire estate. Instead, other family members may be entitled to a share – even if you’re not close to them.

Making a Will lets you decide what will happen to your assets, rather than the law deciding it for you. But it’s important that the Will is valid and carefully drafted. That’s because poorly drafted or DIY Wills can lead to loved ones missing out, or expensive legal disputes.

Why making a Will matters in complex family situations

Making a Will is essential for everyone, but it becomes even more important where family circumstances are less straightforward. For example:

• Second marriages and blended families – If you or your partner have children from previous relationships, a Will ensures that everyone is provided for as you intend. We often use trusts to give clients peace of mind that their children will be looked after, while still supporting a surviving spouse. This helps balance everyone’s interests and avoids situations where children might unintentionally miss out.
• Estranged family members – Without a Will, the law may give rights to relatives you are no longer close to. A carefully drafted Will lets you make your own choices.
• Cohabiting couples – If you live together but are not married or in a civil partnership, your partner has no automatic right to inherit under Scottish law. A Will can protect them and give certainty.

By planning ahead, you can make sure your wishes are respected and your loved ones are cared for, whatever your family circumstances.

How we can help

We have proven experience of helping clients to write their Wills. Everyone’s family and financial circumstances are different, so we always take the time to find out about your individual situation. We can then help you to:

• Provide for your children and other loved ones
• Appoint suitable executors to carry out your wishes
• Follow all legal formalities to ensure the Will is valid and achieves your aims
• Arrange charitable donations
• Update the Will if your circumstances – or legal or tax rules – change.

We can also discuss different estate planning approaches, including Trusts, possibly to protect vulnerable or underage beneficiaries or to make best use of inheritance tax allowances and mitigate tax liabilities.

Dealing with lost Wills or disputes

If you can’t find someone’s Will or question its validity, we can advise you on the next steps.

For example, let’s say you want to challenge a Will. Our experienced Wills and dispute resolution lawyers can review the form and content of the Will, as well as the circumstances in which it was prepared, and advise you on possible remedies.

Equally, they can help to resolve disagreements between family members about the intentions of a Will or the administration of a loved one’s estate. While litigation will generally be a last resort, our team can assist with all aspects of Will and succession disputes.

With you on your journey through life

'With you on your journey through life' is our series of videos featuring our dedicated team showcasing how we can support you and your family through every milestone in life.