A Guide to Writing a Will: What Every Scot Should Know

Introduction:

Writing a Will is an essential task for everyone, regardless of age or wealth. It ensures that your wishes are respected after you pass away, and it provides clarity and peace of mind to your loved ones during a difficult time. This guide aims to provide clear and simple advice on writing a Will in Scotland, covering the key points you need to know.

Why Do You Need a Will?

A Will is a legal document that outlines how you want your assets and belongings to be distributed after your death.  Without a Will, your estate Will be distributed according to the law, which may not reflect your wishes.  A Will allows you to appoint executors who will carry out your instructions and ensure your wishes are fulfilled. You can also use a Will to name your preferred guardians for your children if they are under 16 years old.

Who Can Write a Will?

In Scotland, anyone over the age of 12 can write a Will.  You must be of sound mind and not under any pressure or undue influence when writing your Will.

What Should Be Included in a Will?

• List all your assets, including property, savings, investments, and personal belongings.
• Decide who Will inherit each asset and how they Will inherit it (outright, in trust, etc.).
• Appoint executors to administer your estate and carry out your instructions.
• If you have children under 16, named guardians to take care of them.
• Consider any specific wishes you have, such as funeral arrangements or charitable donations.

How to Write a Will:

You can write a Will yourself using a Will template, but it’s recommended to seek professional advice to ensure it’s legally valid and reflects your wishes accurately.  Alternatively, you can hire a solicitor to draft your Will for you. They will ensure all legal requirements are met and provide expert guidance as there are strict rules as to how a Will should be signed in Scotland

It’s important to review and update your Will regularly, especially after significant life events such as marriage, divorce, or the birth of children.

What Happens if You Die Without a Will?

• If you die without a Will in Scotland, your estate Will be distributed according to the rules of intestacy.
• This may not reflect your wishes and could lead to disputes among family members.
• Unmarried partners and stepchildren may not inherit anything if there is no Will in place.
• Writing a Will ensures that your assets are distributed according to your wishes and can help avoid unnecessary stress and conflict for your loved ones.

Conclusion:

Writing a Will is a vital step in ensuring that your wishes are carried out after you pass away. By taking the time to create a clear and legally valid Will, you can provide peace of mind for yourself and your loved ones. Whether you choose to write your Will yourself or seek professional advice, it’s important to make your wishes known and keep your Will up to date.

If you are thinking of writing your Will and you are looking for an experienced solicitor, then please contact our Private Client Team on 01324 622 888 or contact help@randa-fa.co.uk and we would be delighted to assist.