Wills
Nearly 66% of Scottish people do not have a Will. If you die without a Will (known in Scots law as "Intestate") there are laws in place which determine who your estate goes to, and it will surprise most people that it does not all automatically go to their immediate family. (Please see the example below for more details). Wills are also extremely important in terms of planning for Inheritance Tax (IHT) as they can be used to mitigate any IHT that may become due on a person's death.
In order for you to retain control, save stress, time and money over the distribution of your possessions and investments after your death, the existence of a properly drafted Will is essential. At Scullion Law we offer a professional and confidential service and we spend the time to ensure your Will is tailor-made to reflect your wishes.
Making a Will is a simple and painless task. Come in to see us and fill in a simple questionnaire detailing what you wish to happen to your estate on your death. We will discuss your wishes with you and advise how best to reflect them in your Will, whilst taking into account the legal rules which govern who receives what from your estate.
At Scullion Law we have an experienced team that are here to help you get your affairs in order. We are confident that we can meet your wishes and ensure that your estate is passed on to who you want, not to who the law decides.
So, don't put it off any longer. Contact us to discuss your Will today and we are sure that you will find the whole process a lot easier than you think.
Wills Example 1
Mary died intestate (i.e. without a Will) in 2008. Her husband John had died before her in 2005. During her life Mary had three children - Jack, Joseph and Jessica. Jack died before Mary, leaving two children - Robert and Rosie.
Joseph and Jessica will each be entitled to a third share of Mary's estate. The remaining third that would have passed to Jack if he had survived will now pass to his children, Rosie and Roger, who will receive a sixth of the estate each.
You should note that
- adopted children have the same rights as natural children
- both legitimate and illegitimate children have the same rights
- step children are not ‘issue' unless they have been adopted by the deceased.
Wills Example 2
John dies intestate in 2008. He has no surviving spouse or civil partner and no children. The Law dictates that his estate be divided as follows:-
- to his parents - equally if both living
- to his brothers and sisters of the whole blood - equally and their children
- to his brothers and sisters of half blood - equally and their children
- to his grandparents - equally if more than one living
- to his uncles and aunts of the whole blood - equally and their children
- to uncles and aunts of half blood - equally and their issue
- to The Crown (IHTM12126), Duchy of Lancaster or Duchy of Cornwall.
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