Wills

Dying without a valid Will in place can make matters more complicated for your family. Intestate estates (when someone dies without a will) can often take longer and be more costly to administer.

If you die without leaving a Will and you have a spouse or a civil partner, they will be entitled to ‘Prior Rights’. After your debts and liabilities are cleared, your spouse or civil partner could inherit your house – but only if they have been ordinarily resident in that property and only up to a value of £473,000. If you die without children, your spouse or civil partner will also be entitled to £89,000 cash, or £50,000 if you have children. They can also inherit furniture, furnishings and personal possessions, up to a maximum value of £29,000.

After Prior Rights are claimed, if there is any remaining estate your spouse or civil partner and children (if there are any) are then entitled to Legal Rights, where the estate is further distributed between parties.

Many people believe that DIY Wills or ‘off the shelf’ Wills which can be bought online are sufficient. In some cases, they are. But in many cases, Wills which are made without the advice of a solicitor are not sufficiently clear or legally valid – which could leave your family and loved ones dealing with an intestacy (where an individual dies without a valid Will).

If you die without a Will and you are not married or in a civil partnership with your partner, they will have no automatic entitlement to any part of your estate. Many people mistakenly believe that if you own a house together or have been in a relationship for many years, your partner will have some entitlement to your estate – but that is inaccurate.

In the case where you leave behind a partner without marriage or civil partnership, your partner can apply to the court for a discretionary financial award – but there is no guarantee the court will grant this.

The only way to ensure your estate is distributed according to your wishes is to have a valid Will in place, drawn up by a solicitor.

If you have drawn up a Will in England but later die in Scotland, your English Will may not be efficient in Scotland’s legal system.

If you have moved to Scotland and intend to stay here permanently, it is advisable to seek advice from a Scottish solicitor to make sure that you have an appropriate Will in place before your death.

A Will outlines what you wish to happen to your estate after you die. It specifies who your Executors are, who should inherit which parts of your estate, including your money and belongings, and what should happen to your children or dependents after your death. It can also provide instructions for your funeral arrangements.

A Living Will, otherwise known as an Advance Directive, outlines your preferences for the care and treatment you would wish, or not wish, to be given at the end of your life, so that, should you become incapacitated and unable to express those wishes yourself, your wishes are captured in a clear and considered way.

A Living Will is not legally binding in Scotland but is generally recognised and respected by the medical profession, especially if it has been signed and dated as recently as possible. Having a Living Will and a Welfare Power of Attorney in place offers the best possible assurance that your end-of-life wishes will be given effect to.

Allingham & Co can support you in drawing up a Living Will or Will.

A simple Will (handling the estate of one person) typically details legacies, a residue clause and a basic trust provision for young beneficiaries and may include guardianship or funeral instructions. If you are in a marriage, civil partnership or are cohabiting, a simple Will may only be appropriate where neither you nor your partner has children from another relationship. A simple Will typically costs £250 + VAT.

A complex Will is one which requires more detailed consideration and may include extensive legacies, protection of assets, other trust provisions and fuller trustees’ powers. It may also be necessary to draw up a complex Will for those who have children from previous relationships. A complex Will (for the estate of one person) typically costs £400 + VAT.

Further details of our typical charges for Wills can be found here.