Wills
Our Private Client team can give you specialist advice on all aspects relating to Wills and Estates.
Expert Wills Solicitors in Ayr, Girvan and Dumfries
Writing a Will is one of the most important decisions you will make. It gives you full control over what happens to your estate and how it is divided up. It also means when the time comes to administer your estate, it is a much quicker and easier process. This can help to minimise the upset for your family, as well as keep costs down.
On the other hand, if you die without a Will, the law dictates who receives your estate and in what proportions. Unfortunately, this may not be how you would have chosen to do it, or had assumed would happen and without a Will, your spouse, partner or children may not automatically inherit. Get in touch with our team today to find out more.
A Will is a legal document which sets out how the estate of a deceased person should be passed to specific beneficiaries according to the details in the document. While many people think of a Will as a single document, it can be made up of several additional parts too, known in Scotland as ‘codicils’. A codicil may be used, for example, where a person wanted to amend or make changes to their Will. A codicil allows you to make changes to an existing Will without re-doing the entire document.
Writing a Will is important for many reasons, and anyone over the age of 12 may make one. As set out above, a Will is the only way to properly ensure your assets are distributed in line with your wishes after you pass away. A Will allows you to:
Writing a Will is not as straightforward as it seems, even where your estate is modest. Your solicitor will guide you through each part of writing a Will to ensure your wishes are accurately reflected in the document. You can discuss any special gifts or legacies with them. Only an experienced Wills solicitor can ensure that your wishes are communicated in no uncertain terms. This is particularly important when it comes to complex family structures or large or complicated estates.
There are certain legal requirements which must be met in order for a Will to be both legally valid, and self-proving.
Firstly, under the Requirements of Writing (Scotland) Act 1995 your will must be made in writing and must be made in accordance with the legal rules that set out the prescribed format for Wills in Scotland. Crucially, the Will must be signed on each page in the presence of a witness.
The formal validity of a Will is vital in avoiding Wills disputes, which is why most people choose to have their Will drafted by a professional Wills solicitor. If you do not instruct a solicitor to assist you with writing your Will, you run the risk of your Will being invalid. Common Wills defects include using a pre-printed Will, not signing the Will on every page and Wills not been correctly witnessed.
We understand having to talk about these things can be difficult. However, our Private Client team is highly experienced in this area and can talk to you professionally and sensitively about any aspects of writing your Will. With our expertise and knowledge, we can make sure the best arrangements are put in place to benefit your family and loved ones.
When you come to see one of our Wills experts, we will discuss all of your options in plain language. We take the time to fully understand your financial position and your wishes. Our solicitors have assisted hundreds of clients with a broad variety of means, so we have excellent experience in dealing with estates of all sizes. We understand the sensitive nature of discussing your final wishes and will always treat our discussions with sensitivity and professionalism.
We understand that you may have many questions about making a Will, we hope that our FAQs page can provide some insight. If you require more information, please do not hesitate to contact us.
We want to make planning for the future as straightforward as possible for you. We pride ourselves on being a law firm for life and looking after you and your assets is our number one priority. To discuss your specific circumstances and needs with us, call us today on 01292 281 711 or complete our online contact form. We look forward to hearing from you.
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