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Frequently Asked Questions About Will Writing

Will writing is something that many people try not to think about, because of the connotations that come with this kind of task. No one wants to have to plan for the event of their death, but this is something which is very important to consider early on.

If you have some questions about will writing, then you have come to the right place. Find out some answers to frequently asked questions about will writing below.

What Is an Executor?

The executor of your will is the person who will handle everything when you die. This is someone that you will typically designate when writing the will, so it is important to consider their suitability for the role. The executor will typically have to apply for confirmation from the sheriff court, arrange the payment of any debts, arrange a valuation of your estate and more. To prevent complications you should pick more than one executor in case the first executor is unable to act. This does not have to be a family member but could be a friend or even a professional such as your solicitor.

What Happens If You Don’t Have A Will?

If you don’t have a will in place when you die, your assets will be divided based on Succession Law. The Law in Scotland will dictate who’s inherits your estate which may not be who you want it to be. The costs and length of time for winding up an estate are hugely increased where there is no Will. 

If you are not married but just living with someone and there is no Will the Law in Scotland does provide for your partner in the same way as a spouse is provided for. However, your partner must raise a court action to make a claim within 6 months of your death. If it is not raised within 6 months then your partner would lose the right to your estate which would then fall to your children, siblings parents or even far off cousins depending on who you have in your family. This issue is resolved by simply having a Will.

It is important to remember that even where there is a Will and you don’t wish to leave an estranged spouse or child part if your estate, under Scots Law they are entitled to part of your moveable estate (anything other than the house) , these are called legal rights.

Do I Need A Solicitor to Make A Will?

One of the popular questions about will writing involves the need for a solicitor. While it might be possible to do this if you don’t have much in terms of assets, there are some pitfalls to be aware of. There are some circumstances that it would be unwise to draw up a will without a solicitor. This includes if you have elderly airs, if your estate includes a child under 16 and more. It is often wiser to get in touch with a solicitor. 

Is Will Writing Expensive?

The cost of writing your will can depend on the provisions that you are making and the size of your estate. You’ll typically find that the cost of writing a will with a professional solicitor is affordable. At MM Legal, we work in partnership with Cancer Research to provide a free will writing service. This is something to consider if you are worried about the cost.

Can I Change My Will?

It is possible to change your will, but the process required will depend on the size of the change. If you want to make a minor change such as leaving a certain item to a friend, you can add a ‘codicil’. If you want to make larger changes to your existing will, it might make more sense to write a new one.

It is worth checking with your solicitor before attempting to make any changes to your existing will. Making revisions to your Will is a very simple process.

Need Assistance?

If you have any further questions about will writing, MM Legal are always happy to help. We can assist you with your queries or provide a free will writing service. Get in touch with Erika Watt today to arrange an appointment.

During these times if restrictions we at MMLegal can still deal with writing a Will and having it signed and witnessed. Having a Will ensures that your wishes will be carried out after you have gone and makes a very difficult situation slightly more straightforward for your family.