Dying without a Will
Our Private Client team can give you specialist advice on all aspects relating to Wills and Estates.
In Scotland, dying without a Will is known as dying ‘intestate.’ While we would always advise clients to prepare a Will to ensure your wishes are respected when you are no longer here – if a loved one dies without a Will the law will step in to regulate the process.
At The McKinstry Company we understand how difficult it is when a loved one passes away, but we are here to support you. If you have any questions about the succession procedure where there is no Will, or have any other executry query, contact us today on 01292 281711 or complete our online enquiry form to discuss your specific circumstances.
Experienced Wills Solicitors in Ayrshire & Dumfries and Galloway
When someone dies without a Will in Scotland, it will first be necessary for an Executor to be appointed. This is the person who is responsible for the management of the estate – ensuring that the deceased’s assets are properly gathered in and distributed. The Executor is appointed by making an application to the Sheriff Court where there is no Will.
Once the Executor is appointed, the estate can be gathered in and then distributed, once debts are paid. The estate includes all money and possessions, including the deceased’s home.
If there is a Will, this would be referred to, in order to understand how the estate should be shared out. However, if the deceased has died without a will then certain legal rules apply.
Firstly, the surviving spouse or civil partner is entitled to a share in the estate under a system called ‘prior rights.’ Generally, this gives the surviving spouse the right to the house they shared with the deceased (subject to certain conditions), as well as furniture up to a certain value. They will also be entitled to a cash sum, the value of which will vary depending on whether there were surviving children.
The next set of rights to be considered where there is no Will are the ‘legal rights.’ These only apply to moveable property (not houses, for example). The moveable property would include money in bank accounts, shares and possessions like jewellery. If there is a surviving spouse, they are entitled to one third of the moveable estate if there are children and one half if there are no children. Children (collectively) would be entitled to one third of the estate if there is a living spouse and one half if there is not.
Thereafter, the Succession (Scotland) Act 1964 sets out detailed rules on how the rest of the estate is shared.
Get in Touch
At The McKinstry Company, we put our clients at the heart of our work. We understand how difficult it is when a loved one dies and we are here to support you.
Our goal is to generate and maintain strong and lasting client relationships rather than a transactional approach to the work which we undertake. We are a law firm for life and will work with you throughout this difficult time, to ensure that you receive the best possible legal advice.
If you want to learn more about Wills and intestacy, get in touch today. You can contact us on 01292 281711 or via our online contact form. Our friendly and dedicated team are here to help you.
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 helpfulMr 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 CompanyMr 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 promptlyMr 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 phoneMr 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 caseS 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 requirementsMr R, Ayr
The whole process was handled with upmost professionalism throughout.Mr McN, Kilwinning