Our Wills, Trusts & Executry lawyers are based in Tillicoultry. If you are in Clackmannanshire, Plean, Cowie, Alloa or the surrounding areas in Scotland, we can advise on all aspects of making a will.
Make a Will Today
A will is a document (usually just one document), under which your estate will be passed to a beneficiary or various beneficiaries according to the terms you specify in the will when you pass away. There are numerous benefits to be gained by making a will.
Wills & Executry Lawyers in Tillicoultry
Under Scots Law, provided you are over the age of 12, you can make a will. When drafted professionally, preferably by an expert solicitor, a valid will allows you to:-
- Decide the beneficiaries who will inherit your estate upon your death. This could include, for instance, your spouse or children.
- Appoint and give power to executors who will administer your estate
- Have assurance that your affairs are in order
- Take control of inheritance tax planning and other forms of tax planning. Paying attention to inheritance tax can potentially save your family thousands of pounds.
- Make other provisions such as funeral arrangements
What Happens if You Die Without a Will?
On the other hand, if you die without leaving a will, Scots Law provides certain rules under the law of succession which determine how your estate, including your money, property or other possessions should be distributed. This will most likely not be in the way in which you intended in the absence of a will.
Nevertheless, if you die without making a will, the rules of intestate succession provide that your children are entitled to one-third of your moveable estate if you left a spouse or civil partner. If you die unmarried or without a civil partner, your children are generally entitled to a half of your estate.
Living Wills in Scotland
A living will, otherwise known as an ‘advance medical directive’, does not have any ‘testamentary effect’, i.e. it does not affect your property, but instead is intended to be effective during your life. They are designed to allow you to provide for medical treatment options or preferred wishes should you become unconscious or unable to make your own decisions. In Scotland, the legal position of such living wills is not completely certain, although they are still persuasive in the event that you become unconscious or are unable to make your own decisions. For other options regarding incapacity, a power of attorney may be the best option. Our solicitors can advise you on the best option for you.
Frequently Asked Questions
1. What are the legal requirements for making a valid will in Scotland?
To make a valid will in Scotland, you must be at least 12 years old, act voluntarily, and have full mental capacity. The will must be in writing, signed by you on every page, and witnessed by one independent adult who should not be a beneficiary or an executor unless no alternative is available. The witness must sign the final page and include their name, address, and the date.
If you’re ready to secure your wishes, contact Watersrule Solicitors today for expert guidance on making your will.
2. Who should I appoint as my executor, and what do they do?
An executor is responsible for carrying out your wishes and managing your estate after your death. You can appoint one or more individuals, such as a trusted family member, friend, or a professional like a solicitor. It’s wise to choose someone reliable and discuss the role with them in advance. Substitute executors can also be named if your first choice is unable to act.
3. What assets and information should I consider before making my will?
Before your appointment, list all your assets—property, savings, pensions, insurance policies, investments, personal possessions, and digital assets like online accounts. Consider who you wish to benefit from your estate, including any specific gifts or charitable donations, and gather the names and addresses of your intended executors and beneficiaries.
4. Can my spouse or children be excluded from my will in Scotland?
Scottish law grants automatic legal rights to spouses, civil partners, and children, meaning they cannot be entirely disinherited from your moveable estate (such as cash, investments, and personal belongings). These rights apply regardless of your will’s terms, so it’s crucial to understand how your estate will be divided and seek legal advice if you have concerns about legal rights.
5. Where should I store my will, and who should know about it?
Your will should be kept in a safe, secure place—many solicitors offer secure storage services. Inform your executors and key family members where the original will is held, as they will need access after your death. You may also keep a copy for your records. There is no national will register in Scotland, so clear communication about the will’s location is essential to avoid difficulties later.