Will writing services

A Will is a valid legal document stating what you would like to happen to your estate (this includes property, cash and personal possessions) when you die. You choose the person you want to administer your estate, called an executor and the person or people you want to leave your belongings to, called your beneficiaries. Your Will may also provide information on your domicile, who you want to look after your children and your funeral instructions.

A Will lets you decide who benefits from your assets and when. It is a very flexible document and can be tailored to ensure that your final wishes are met. It also allows someone with a large estate to engage in Inheritance Tax planning.

If you die without leaving a Will, which is known as intestacy, then after your debts and liabilities are paid your estate will be distributed in a particular order:

Your spouse or civil partner will be entitled to “Prior Rights”. They will inherit your interest in the house, but only if they are ordinarily resident there, up to a value of £473,000; furniture up to a value of £29,000 and an entitlement to £50,000 cash (if you have children) or £89,000 if you die leaving no children. Should you be separated from your spouse or civil partner they will still be entitled to these rights although they won’t get your interest in your home if they have not been living there.

If there is any estate left after Prior Rights, your spouse/civil partner and children, if any, are entitled to Legal Rights. If you have children, it will mean that your spouse/civil partner will be entitled to a further one-third of your moveable estate or one-half of your moveable estate if you die leaving no children. Your children would also be entitled to a one-third share of your moveable estate if you left a spouse or civil partner and equally, a one-half share if you had no spouse or civil partner.

The remainder of your estate would then be distributed in accordance with a hierarchy set out by the Succession (Scotland) Act where your parents and/or siblings may be entitled to a share of your estate.

Making a Will should not be a lengthy process. One of the biggest myths of all is that making a Will takes a lot of time, energy and money. In reality, all it takes is an hour or two of your time and normally it is a fairly straightforward process.

Whilst it is important to make a Will, it is equally important to regularly review your Will. Changing personal circumstances over time such as divorce, marriage, remarriage and having children are likely to mean that any existing Will you have needs to be updated. By regularly reviewing the terms of your Will, you will be reassured that your estate goes to the person or people that you want to receive it.

We recommend having a conversation with a member of our Law Society accredited team – that way we can ensure that we create a Will that meets your individual needs.

Once you are happy that the draft reflects your wishes, we can arrange the signing. You need to sign the Will in front a witness (which we can provide) and then we can look after the original Will for safekeeping, free of charge.

Making a Will is usually inexpensive, can take as little as an hour of your time, and avoid a lot of unnecessary distress and expense at a later time.

If you don’t make a Will you risk leaving your possessions to the mercy of outdated rules and court processes which take no account of your wishes.

The lack of a Will, or a poorly drafted Will, could have significant implications for inheritance tax problems, which could be easily avoided.

Once signed, your Will must be kept in a safe place. At Harper Macleod LLP, clients typically opt to have the original Will stored in our fireproof safe and have a copy sent to them for their records. If you would like to hold the original, however, it is your right to do so.

Our experienced solicitors will be happy to discuss all of the available options to help you make suitable arrangements whilst maintaining your wishes for the future. The key to successful estate planning is not only to start early but to re-visit the plan at regular intervals so as to ensure that your wishes are continually met, no matter what life may throw at you. If further advice on this matter is required, please contact us.