Is it time to write your Will?

Written By: Lindsay Nicholas
Category: Private Client
14 October 2024

Writing a Will is one of the most important legal documents you can create. It ensures your wishes are carried out after your death and your assets are distributed accordingly.

In Scotland, around 69% of adults don’t have a valid Will, perhaps because they believe it's not necessary, or they don't think they have enough assets to worry about. However, writing a Will is beneficial for everyone, regardless of wealth or age.

So, what are the main benefits of having a Will?

A Will lets you control how your estate is divided. If you die without a Will in Scotland, your assets are distributed according to the laws of intestacy. This means your money, property, and possessions will be split in a way that may not align with your wishes, and spouses or civil partners could lose out. Without a Will, you lose control over how much goes to whom, which could lead to disputes among loved ones.

In Scotland, the "legal rights" of children and spouses or civil partners cannot be removed through a Will, although your wishes can be recorded. You can, however, still specify what happens to the remainder of your estate, which is important in ensuring other people, like stepchildren, friends, or charities, are included in your plans.

Importantly, if you have children under 16, you can name a guardian in your Will to ensure they are cared for by someone you trust. Without a Will, the courts will decide who looks after your children, and this might not be in line with what you would have wanted.

And don’t forget you can also outline your funeral preferences in your Will so your family can respect your wishes when the time comes.

We understand that dealing with death is already emotionally difficult, and the absence of a Will can add significant stress to your loved ones. Without a clear legal document outlining your wishes, family members may face delays, confusion, and potential disagreements over how your estate should be managed. Writing a Will removes uncertainty, making it easier for your family to settle your affairs and avoid family disputes during an already challenging time.

Paris Steele is committed to ensuring all adults in Scotland have a valid Will and we are delighted to be a part of Will Aid again this year. And with Will Aid, the cost goes to a charity of your choice so now might be a good time to consider your options so that you, and your loved ones, have peace of mind.  

If you haven’t written your Will yet our solicitors can guide you through the process. It’s a small step that can make a big difference for your loved ones after you’re gone.

To find out more about how we can help you with your Will, get in touch today.


Written By:
Lindsay Nicholas
Paralegal