A law firm for life

It is not until a major life-changing event occurs in a person's life when they realise the importance of having a Will.

Making a Will is one of the most important things you can do for you and your family. Many people believe that they are too young or healthy to create a Will or fear the cost of making a Will through a solicitor. However, creating a Will with the help of a solicitor is nowhere near as expensive as many people believe.

Having a properly drafted Will ensures that your assets pass onto those who you wish to inherit from your estate. It can also save your loved ones from any additional unnecessary stress when you die and give you the peace of mind that they will be properly cared for. If you choose not to seek legal advice when drafting your Will and it is drafted incorrectly, this may mean that your intentions cannot be carried out, even if they were clearly expressed in a DIY Will. For these reasons, we advise that you seek professional legal advice when writing your Will.

At The McKinstry Company we understand it can be difficult to think about death and planning for a future where you are no longer around, however, our Private Client team have a wealth of experience in drafting Wills, and with their expertise and professionalism, they can guide you through the process.

What Happens if I Die Without a Will?

If you die without a valid Will (known as dying intestate) there are certain rules called rights of succession which will dictate how your money, property or possessions will be shared out. This may not be the way that you would have wished your money and possessions to be distributed.

Under Scots law, the first person entitled to a share of the estate is the surviving spouse or civil partner. They are entitled to ‘prior rights’ which include a right to the house the couple lived in up to the value of £473,000, furniture up to a value of £29,000.00 and cash or equivalent up to £89,000 where there no surviving children or £50,000 otherwise. The next claim on an intestate estate is ‘legal rights’. Legal rights only apply to moveable property, such as cars, jewellery, household items. A surviving spouse will have a right to one third of the moveable estate if there are children or one half if there are no children. The children will share a third of the estate if there is a living spouse or half the estate if there is no spouse. The rest of the estate is then distributed in accordance with the Succession (Scotland) Act 1964.

Why Should I Have a Will?

If you die without leaving a valid Will, any rights under Scots law of succession do not currently extend to unmarried partners or cohabitants; therefore, they have no automatic entitlement to any share of your estate. The Scottish Government, however, has recently launched a new consultation on the law of succession in Scotland, you can read more here.

By having an up to date Will, your money and possessions will be distributed according to your wishes. A Will protects your estate, inheritances, all assets and other items you may wish to pass on to your loved ones. A Will created by an expert can ensure your assets are passed onto and that there are no errors in your Will that could lead to a legal challenge.

If you have children, you should make a Will to protect the children in the event of the death of their primary carer. You can name a guardian in your Will and leave instructions for how they should provide care for your children.

It is also important to make sure you keep your Will up-to-date, reviewing it regularly – particularly if your circumstances have changed, this could include changes to your financial position, marriage or divorce, or the birth of a child.

Contact The McKinstry Company Wills Solicitors Today

The McKinstry Company we have extensive experience in preparing and drafting Wills. Our team of friendly and approachable solicitors are on hand to provide practical and pragmatic advice, free of legal jargon, to help you plan for the future. Contact us today on 01292 438530 (Ayr), 01465 915021 (Girvan), or fill in our online enquiry form and one of the team will be in touch.

Join the McKinstry family
Some of our happy clients
  • All very prompt, efficient, clear, friendly and personable. Not overwhelming with legal jargon. Many thanks for making the process of setting up a will so straightforward.

    Mrs D, Troon
  • We required our Wills to be amended and that was done without any problems whatsoever.

    Mrs F, Ayr
  • Very business-like and helpful

    Mr M, Ayr
  • I was very impressed with the professionalism shown by all members of staff I had any dealing with. All calls and emails were relevant to the sale of my flat. All questions I had were dealt with at the time. For any further legal matters I will certainly be using The McKinstry Company

    Mr H, Ayr
  • Excellent service most happy with attentiveness and customer service.

    Mr F, Condorrat
  • Nat & Libby efficiently dealt with every question I had.

    Mrs K, Ayr
  • Kirsty understood our weird schedule when we were often 8 hours behind UK time, and simplified things for us by liaising via email. She was extremely approachable and dependable. In Kirsty’s absence, Jodie and Nathaniel would step in and communicate with us, and were very helpful too.

    Mrs N, Ayr
  • Great service and always on hand to answer our questions. Prompt and efficient response.

    Mr H, Ferniegair
  • Questions and communication were answered promptly

    Mr W, Sinclairston
  • Speaking from my own personal experience I was perfectly happy with the service I received. Everything was done to my satisfaction.

    Mrs I, Largs
  • Very efficient, timely and very mannerly on the phone

    Mr McN, Mauchline
  • The service was superb.  Kirsty and team were extremely helpful.

    Mr and Mrs R, Ayr
  • First class service from start till finish. Always there to give help and advice.

    Mr R, Ayr
  • Great service and advice from a good professional company.

    Mr R, Kilmarnock
  • Excellent, very friendly and professional. I will be using you for all my property transactions in the future!

    Mrs S, Godstone
  • My case was handled sensitively and smoothly.

    Mr N, Ayr
  • Everyone concerned in the sale of our property was very efficient and kept us up to date with all happenings.

    D Ferguy, Cookstown
  • Great service.  Would recommend you to others.

    Mr S, Kirkmichael
  • Communication was always available when required. Made me feel confident throughout the process.

    Mr L, Ayr
  • Always replied or phoned back when I needed my questions answered.

    Miss McF, Patna
  • A very prompt and friendly service, a pleasure to deal with.

    Mr R, Aberdeen
  • Robert was very supportive.

    M Carruthers, Kilmarnock.
  • Great, Rebecca was very pleasant to deal with and went out of her way to help with our case

    S Everett, Kilbarchan
  • The solicitor / paralegal I was dealing with was very professional and performed to a high standard. I was very impressed.

    B Ferguson, Methil
  • Local firm, word of mouth good reports.

    K Rooney, Glasgow
  • All queries were dealt with in a prompt and professional manner and I was kept informed of progress as events developed. Thank you very much for making a difficult situation much easier to deal with.

    Mrs McG, Ayr
  • Communication via telephone and email was regular, prompt and comprehensive. All queries and questions were answered with no delays or problems. My experience with the McKinstry Company was pleasant and smooth.

    Mr McK, Ayr
  • My family and I received excellent service from everyone with whom we had contact. The service was of the highest standard and, as I have in the past, I will continue to recommend the company to anyone seeking legal assistance.

    Mrs S, Ayr
  • All emails and calls were dealt with promptly. Very impressed. Very very pleased with service.

    Mr and Mrs H, Hull
  • I enjoy the friendly atmosphere. Very professional.

    Mrs A, Ayr
  • Mr Honeyman was very professional and knowledgeable which made us feel reassured. Very happy with the service and if I needed a solicitor again I would get in touch.

    Mr B, Ardrossan
  • Prompt quick efficient communication.

    Mrs K, Cumnock
  • Ease of making appointments and timescale for completion of business all good.

    Mr & Mrs T, Maybole
  • Gave reassurance and comfort at a stressful time. I felt ten times better after our first meeting and support provided ultimately exceeded my desired outcome.

    Mr N, Saltcoats
  • The supportive way that the advice was provided along with the willingness to fit appointments in with our requirements

    Mr R, Ayr
  • The whole process was handled with upmost professionalism throughout.

    Mr McN, Kilwinning

We’re still open for business.

Our team of solicitors and support staff are still here for you. However we have postponed any face to face meetings, restricting communications to telephone, Skype and email. You can contact the Ayr office on 01292 281711 and the Girvan office on 01465 713118