Wills Lawyers Glasgow, Scotland

Making a Will is something we all know we should do but find reasons to put off. If you make a Will, essentially your estate will be distributed according to your wishes. If you don’t then it will be divided according to the rules of Intestate Succession. There is no come and go on this, even if the result is unjust. Yet the whole process can be quick, straightforward and rewarding with the right legal guidance. Contact our private client lawyers in Glasgow today on 0141 429 8166 and see how we can help you. We offer discounts on mirror wills and family packages. Legal Aid is available. 

NOMINATED FINALIST – KD MEDIA  SCOTTISH LEGAL AWARDS 2023

Livingstone Brown was a nominated finalist for the KD Media Scottish Legal Awards 2023, in the category of Family and Private Client.

What is a “Will”

A Will is a legally binding document that everyone should have, this a document that expresses your wishes when you die. No one likes to think of when they will die but the reality is if you do not plan for after you die you will be leaving your loved one to deal with issues they are not ready to deal with after losing you. 

What is the reality of not having a Will

• Your family will be a delayed in settling your estate
• Your family will be uncertain as to whether they benefit, and some of them may not if you have not left instructions to include certain member in benefiting from your estate
• Your family will have to go to Court to have an Executor appointed this can cause upset when you have passed to decide who will undertake this role
• Your estate will not usually be divided as you had hoped it would but will be in accordance to the arbitrary rules of the Succession (Scotland) Act, or if you are domiciled in England, the equivalent legislation
• There will be a cost attached to dealing with your estate for legal fees and Court fees, often running to several hundred pounds
• Partners and Spouses may not inherit what you intended to be theirs as there was no provisions made for when you pass this is usually an issue in relation to heritable property

When should you make a Will or review your Will?

• When you undertake your first or a new job and when particularly there are pension arrangements
• When you marry or have a long term partner you need to make provisions for
• When you separate or divorce your spouse
• When you buy your home or any other property
• When you have children
• If you inherit money from another estate
• When you retire and there is a change in your circumstances
• As you get older you do not need to update your Will annually although you should review is often to make sure your wishes are still being met

What can you use your Will for? 

• To leave your estate exactly where you want it to go, this may be subject to Legal Rights
• You can appoint suitable Executor or Executors you choose to have the duty to deal with your estate
• You can make provisions for any of your estate that you wish to go to go young children; this will allow you to protect their interest until and age you believe they will benefit the most from or they will otherwise inherit at the age of 16, which may be too young in many cases
• Plan to mitigate the effect of Inheritance Tax on your estate
• Knowing that your affairs are in order, which makes you feel better
• Take account of certain legal rules which give some members of your family special rights, a lot of people are unaware of legal Rights and their implications*

*Legal Rights

Scots Law makes certain provisions for a spouse, or civil partner, and children to make claims for Legal Rights. These are rights that exist even where there is a Will. Legal Rights are claimed from relatively few estates, but they can cause difficulties. When we advise you on your Will, we can identify exactly what claims might be made, and how they are best dealt with. Click here to read our guide to Legal Rights of Children of the Deceased in Scotland.

See also our guide to living wills.

Contact our Wills solicitors for Glasgow, Scotland

Our team of specialist private client lawyers can help you whatever your circumstances. Get in touch with our team today on 0141 429 8166 or by completing our online contact form.