
The Importance of Making a Will after Separation
No one wants to think about their own mortality, especially when coupled with the complexities of separation from a spouse...
Scullion News & Resources
“It’s ok, don’t worry. My wife will get everything”. These words are uttered more than any other when someone dies without a Will.
It is a common misconception that, if one dies without having made a Will, your spouse will receive the entire estate. In reality, your spouse does not automatically inherit your whole estate. It doesn’t matter if you have only been married for one, ten, or thirty years. Surprisingly, your spouse is not the only person who can inherit your estate if you do not have Will.
When someone dies without a Will, this is known as dying intestate. The law of succession in Scotland provides for particular rules as to who inherits first. This is as follows:
If you are cohabiting and die without having made a Will, your partner is not automatically entitled to a share of your estate. Instead, they would be required to apply to the court to ask them to consider making a financial award. This is not guaranteed. Even if successful, your partner would only be entitled to what a spouse would be entitled to under the current legislation. Should you wish your partner to inherit your whole estate, the key is to make a Will narrating what you wish to happen upon your death.
Not only is there a particular hierarchy that is followed under the rules of intestacy, but there are other steps that must be undertaken. Without a Will in place, this means that there is no Executor to attend to your estate.
An Executor is someone who is appointed to carry out the terms of your Will and distribute the estate to the relevant beneficiaries. A court process is required to be undertaken in order to have an Executor appointed, which adds an additional layer of complexity when attending to your estate. Having a Will in place gives you the flexibility to appoint whoever you wish as Executor of your estate.
Having a Will in place not only means that you decide who you wish to inherit your estate, but it also provides peace of mind and comfort for both you and your family to know that your affairs will be in order when you die.
It is a simple process to have a Will put in place, and it is prudent planning for the future. It ensures that your loved ones will not be burdened with the onerous and, often, expensive task of administering your estate without a Will.
Should you wish to discuss the benefits of putting a Will in place or simply updating your current Will to ensure that it is reflective of your wishes, please do not hesitate to contact our Private Client team, who will be more than happy to assist you.
If you contact us quoting “Echoes 2023”, we will be pleased to offer you a 10% discount on your Will.
In the month of September 2023, we will look at what happens if you become incapable of attending to your own affairs.
Note: This article was written by Ailiidh Ballantyne, Scullion LAW Senior Associate Director for Private Estates. The article was originally published in the Echoes Newspaper in Strathaven.
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