Why Making a Will in Scotland Is More Important Than You Think

key takeaways:

– A will ensures your estate is distributed according to your wishes

– Helps avoid delays and unnecessary costs

– Allows you to choose who will care for your children or dependents

– A power of attorney ensures decisions can be made if you’re unable to act

– Getting guidance reduces the risk of errors

What Happens If You Don’t Have a Will in Scotland?

If you die without a will in Scotland, your estate is distributed according to strict rules. This may not reflect your wishes and can lead to delays, disputes, and additional costs for your family.

It can also take months, sometimes over a year, to settle an estate without clear instructions. During this time, your loved ones may face uncertainty and financial strain.

If you’re unsure where to start, speaking with an experienced team can help you understand your options and avoid common mistakes.

Real Example: Why Reviewing Your Will Matters

Failing to prepare for an unexpected death or illness could leave your family and friends with a number of issues to tackle, including dividing up your estate and arranging for the care of dependents.

Writing a will and arranging power of attorney are two simple processes that can ensure your wishes are met after your passing – something which estate planning professionals ILAWS encourage every Scot to consider.

55-year-old Elaine McLaren organised to write her will with ILAWSSCOTLAND earlier this year after discovering her previous version was not valid.

“ILAWS got in touch with me because I had used another company to write my will, and the company director had been jailed for fraud,” explained Elaine.

“They asked if I would like someone to come out to my home free of charge to go through my existing will. They were finding that a lot of other clients with this company had had their will written for English Law and there were other mistakes too.”

Concerned her arrangements weren’t accurate, Elaine agreed to have her will reviewed and was soon glad of her choice.

She said: “The ILAWS representative came out to the house and went through my will and my husband’s.

“It turned out that what we thought was in our will actually wasn’t – it was eye-opening and definitely worth having them coming to sort everything out.

“If they hadn’t called about this other company, I would have been none the wiser until the time came that my will needed to be used.”

She added: “Before the consultation, I was told the representative’s name and when they would arrive so I was up-to-date and knew who I was opening the door to.

“I was totally up to speed and knew it wasn’t just someone walking in off the street.”

ILAWS offer advice on wills, protected property trusts, children’s trusts, living wills and power of attorney, and have more than 30 years of experience working in Scotland.

Free consultations can be arranged either at your home or in one of their Glasgow-based offices.

Elaine was pleased with the service she received from ILAWS, and went on to recommend the service to her elderly parents, and her sister is now also thinking about writing her own will.

“I’m so happy with the service – I can’t fault them at all,” said Elaine, an admin assistant from Rutherglen, South Lanarkshire.

“Everything was all done and dusted within a month, and my mum and dads were also complete within a fortnight.

“If I hear anyone talking about their will, I’m happy to recommend them.”

5 Important Reasons to Have a Will in Place

ILAWS share the key reasons why everyone should plan for their future with a will and power of attorney.

1. Your Estate May Not Be Distributed as You Expect

Husbands and wives do not automatically inherit 100% of each other’s estate. If you die without a will, rules decide who gets what, which may not reflect your wishes.

2. Avoid Delays and Additional Costs

It can take 12 to 18 months to divide an estate without a will, and beneficiaries may face unnecessary costs during this process.

3. Protect Your Children and Dependents

Children under 16 are not automatically placed with your next of kin. A will helps ensure the right person is chosen to care for them.

4. Leave Specific Gifts to Loved Ones

You may wish to leave specific items to family and friends, such as a cash gift or personal belongings. A will allows you to make these decisions clearly.

5. It’s More Affordable Than You Think

Planning for your future can cost as little, making it a simple step compared to the potential costs of not having a will.

FAQ:

1. Why do I need a will in Scotland?

A will ensures your estate is distributed according to your wishes, avoids disputes, and makes sure your loved ones are provided for.

2. What happens if I die without a will in Scotland?

Without a will, the law decides how your estate is divided. This may not reflect your wishes and can lead to delays and additional costs.

3. Can I write my own will in Scotland?

You can, but mistakes are common. Professional guidance helps avoid errors, especially for complex situations like trusts or business assets.

4. What is a Power of Attorney and do I need one?

A Power of Attorney lets someone make decisions on your behalf if you can’t. Having one ensures your financial and personal affairs are handled correctly.

5. Who can inherit if I don’t have a will?

In Scotland, your estate is distributed according to the rules of intestacy, which prioritise spouses, civil partners, and children. Other family members may inherit if no close relatives exist.

6. How often should I update my will?

It’s important to review your will after major life events such as marriage, divorce, having children, or acquiring significant assets. Regular updates ensure your wishes remain current.

7. Can I disinherit someone in my will?

Yes, you can choose who to include or exclude. However, certain family members may still have rights to make a claim, so expert advice is recommended.

For more information call us on: 0141 354 1585 or book a consultation by clicking here.