Why Everyone in Scotland Should Have a Will

When you’re working hard, building a career, starting a family, or buying your first home, writing a Will might not seem like a top priority. For many people in their 20s, 30s, or 40s, it’s something they think they’ll get around to “later” or it’s “just something for old people”.

But the truth is, every adult in Scotland should have a Will – regardless of age or wealth. It’s a vital part of planning for the future and protecting the people you care about most.

In this article, we’ll explain why Wills matter, what can happen if you don’t have one, and how easy it is to take control of your wishes.

What Is a Will, and Why Does It Matter?

A Will is a legal document that tells others what should happen to your estate when you die. Your estate means everything you own – your money, property, possessions, and even your digital accounts or photographs stored online.

In a Will, you can:

• Say who should inherit your assets
• Choose guardians for your children if they’re under 16
• Appoint executors – people you trust to carry out your wishes
• Leave specific gifts or donations to friends, family, or charities
• Make sure your partner, spouse, or children are protected

Without a Will, there’s no guarantee that the people you want to benefit from your estate will actually receive anything.

What Happens If You Die Without a Will?

If you die without a Will in Scotland, the law decides what happens to your estate. This is known as dying intestate, and it’s governed by the Laws of Scotland.

Here’s what that can mean in practice:

• Unmarried partners won’t inherit anything automatically. Even if you’ve lived together for years, cohabitants have no legal right to inherit unless they go to court – and even then, the outcome isn’t guaranteed.
• Your spouse or civil partner might not inherit everything. They are entitled to what are called “prior rights” and “legal rights”, but that might only be part of your estate. The rest could go to children, parents, or siblings – even if that’s not what you would have wanted.
• Your children could inherit at 16. If you haven’t set any conditions in a Will, your children may receive a large sum at a young age, which could cause issues if they’re not ready to manage it.
• The process of dealing with your estate can take longer and cost more. Sorting out an estate without a Will is often more complicated, causing additional stress for your loved ones during an already difficult time.

Having a Will in place gives clarity and peace of mind and makes things much easier for the people you leave behind.

Why Young Professionals Need a Will

You might be thinking, “I don’t have much yet – do I really need a Will?” The answer is yes – probably more than you realise.

Here’s why:

1. You probably have more than you think

Even if you don’t own a house, you might have savings, a car, valuable belongings, life insurance, or a workplace pension. You may also have digital assets – things like social media accounts, music libraries, or online businesses – which can have sentimental or financial value.

A Will lets you decide what happens to those things.

2. Unmarried partners aren’t protected automatically

If you live with a partner but aren’t married or in a civil partnership, they have no automatic right to inherit from you if you die. A Will ensures they are provided for and avoids uncertainty or legal disputes.

3. You can choose who should manage your affairs

By naming executors in your Will, you get to decide who handles your estate. Without a Will, this could be someone you wouldn’t have chosen – and it may take time and money to sort out.

4. You’re planning for the unexpected

None of us knows what the future holds. A Will gives you peace of mind that, whatever happens, your affairs are in order and your wishes will be respected.

Why Families Should Prioritise a Will

 If you have children, a Will becomes even more essential.

1. Appointing guardians

A Will allows you to name the people you’d want to raise your children if you were no longer here. This can avoid confusion, family disagreements, or – in the worst cases – social work involvement or a court making the decision.

2. Providing financial security

You can set up a trust in your Will to ensure that money left to your children is managed by responsible adults and only accessed when they reach a certain age. This gives your children security without handing them a large sum too soon.

3. Protecting your partner and home

If you and your partner own a property together or have joint finances, a Will can ensure that your share passes to them smoothly – and doesn’t get tied up in legal complications.

Common Life Events That Call for a Will (or an Update)

 Even if you already have a Will, it’s wise to review it when your circumstances change. For example:

• Getting married or entering a civil partnership
• Separating or divorcing
• Having a child
• Buying a home
• Changing jobs or receiving a windfall
• Starting a business
• Losing someone close

A Will is a living document – it should be kept up to date, just like your insurance or mortgage paperwork.

Making a Will Is Easier Than You Think

Many people put off writing a Will because they think it will be complicated, expensive, or uncomfortable. But in most cases, the process is simple – especially with the help of a solicitor.

Here’s what to expect:

• We’ll talk through your wishes and explain your options
• We’ll guide you on appointing executors and guardians
• We’ll prepare a legally valid Will that reflects your intentions
• We’ll make sure your Will is signed and stored safely

We can also advise on Powers of Attorney, which let you choose someone to manage your finances or make health decisions if you’re ever unable to do so yourself.

It’s Not Just About You – It’s About the People You Care About

Making a Will isn’t just a legal task – it’s an act of kindness and responsibility. It takes pressure off your loved ones, avoids arguments, and makes sure your wishes are honoured.

Whether you’re just starting out in your career, settling down with a partner, or raising a family, a Will is one of the most important documents you’ll ever put in place.

Ready to Make a Will?

We’re here to help. Our Private Client team can guide you through every step – with clear advice, a friendly approach, and a fixed fee where possible.

Don’t wait for a life-changing event to make your Will. Do it now – for your future, and for theirs.

If you’d like to make a Will or speak to one of our Private Client solicitors, get in touch with us today. We’re here to help you make sense of your options and take that important step towards peace of mind.   Please contact our experienced Private Client Team on 01324 622 888 or contact help@randa-fa.co.uk and we would be delighted to assist.