The importance of making a Will after a separation from a spouse or civil partner


I know this is an uncomfortable and emotive subject to talk about as it involves recognising your own mortality, but it is important.

By making a will you control what is to happen to your estate after you pass. You can make provision for loved ones by way of providing them with funds, assets or the right to stay in a house. This may provide you with a sense of peace.

Unfortunately, we as solicitors see the consequences of not making a will. If you do not do so then your estate passes according to the terms of the Succession (Scotland) Act 1964. This Act set out how the deceased person’s estate will be distributed if you die without leaving a will. This very much depends upon if you have existing children, spouses or partners, siblings or parents. The provisions are complex and so may be costly if solicitors require to be instructed to resolve competing rights of beneficiaries.

It is also equally important to review the terms of any will which you have made when you separate from your spouse or civil partner as you may wish to change the provisions to leave your estate to others.

Whilst a divorce from your spouse or dissolution of civil partnership does affect the terms of any survivorship destination in any property held by you and your spouse or partner, unless you make specific provision otherwise, a separation does not.

Making a will is very simple. We have an excellent wills team here at Scullion Law and this month are offering a free will to all over 18 years of age in connection with Marie Curie.

Our award winning Private Client solicitors are on hand to help. Please contact Gordon Lennox WS or Emma Wright on 0141 374 2121 or email or book and appointment online here:

We look forward to being of further assistance to you in the future.

We are your LAW FIRM FOR LIFE.

0141 374 2121



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Scullion LAW Ltd Gordon Lennox WS

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