In July 2012 the Court of Session in Edinburgh ruled that a (Scottish) Will forged by a deceased's mother should be set aside. Mrs Nicol's son died unexpectedly, he was separated from his wife with a young daughter. Mrs Nicol was concerned his estranged wife would inherit in preference to his daughter. Four years of court action and family acrimony then followed. Which could easily have been avoided if the deceased had a valid Will in place. How do you go aboutmaking a Will in Scotland?
10 Reasons to have a Will in place
One - to determine your beneficiaries - without a Will in Scotland the law provides a set of rules which will apply - with certain prior rights to your spouse, legal tights to spouse and children and the remainder of the estate passing depending on the surviving relatives.
Two - to appoint executor/s to deal with your estate - must be adult and have capacity (beneficiaries are often also appointed as executors).
Three - to make special provision for children or those with special requirements. Under Scots law a child can inherit automatically, with no restrictions, at 16. It is common to delay this until say 18, 21 or 25.
Four - to hold assets in trust for a specific purpose or specific period e.g. a house to be held in life rent for another person to occupy rent free for a specified period.
Five - to record funeral instructions, guardianship arrangements for children or other practical matters.
Six - to achieve tax planning/care cost aims - make your affairs as tax efficient and as planned as possible.
Seven - to make legacies to friends/remoter family/charities.
Eight - to avoid uncertainty about your wishes/ provide clarity on issues that matter to you.
Nine - to save costs in the long run. Without a Will there are a number of processes and outlays which may be incurred far outweighing the cost of having a Will in place. (For those eligible for legal aid putting a will in place may be free - contact us for further information.)
Ten - to avoid dispute and court action - had Mr Nicol completed a Will through a solicitor, the 4 year court dispute would not have happened - thereby saving his family the heartache and expense of a lengthy court action to sort out his affairs.
If you wish to make a Will or wish more information about making a Will in Scotland, please contact us.
