It’s a question that comes up all the time: Do I need a will if I don’t own a house or flat? Many people assume the answer must be no. If there’s no property, what’s the point?
In Scotland, that assumption often causes problems later on. A will isn’t only about property. It’s about deciding what happens after death and making sure the right people are looked after. Even without owning a home, having a will can make a real difference.
What Happens If You Don’t Have a Will?
If someone dies without a will, they die intestate. That means Scots law decides who inherits. The rules are fixed and don’t take personal relationships or intentions into account.
For some families, this works out fine. For many others, it doesn’t. People are often surprised by who does and doesn’t benefit under the law. Unmarried partners don’t automatically inherit. Friends receive nothing. Stepchildren are not included unless they’ve been formally adopted.
This is often when people realise the question “do I need a will?” should have been asked earlier.
Property Isn’t the Only Thing That Matters
Not owning property doesn’t mean there’s nothing to deal with. Many people have savings, a car, personal belongings, pension benefits, digital accounts, or life insurance. Even a small estate still needs to be dealt with properly.
Personal items are often where disagreements start. Jewellery, photographs, furniture, or items with sentimental value can cause tension when no instructions are left behind. A will allows those decisions to be made in advance, rather than leaving family members to guess.
A will also appoints an executor. Without one, someone has to apply for authority through the court process, which takes time and adds paperwork at an already difficult moment.
Unmarried Couples Should Be Especially Careful
This is one of the most important reasons people ask “do I need a will?” when they don’t own property.
In Scotland, living together does not give the same rights as marriage or civil partnership. If one partner dies without a will, the surviving partner may receive nothing automatically. There is a right to make a claim, but it must be done within strict time limits and there is no guarantee of success.
A will can remove that uncertainty and make sure a partner is provided for in the way intended.
Children, Family Changes, and Modern Life
Family life isn’t always straightforward. People have children from previous relationships, stepchildren, estranged relatives, or family members they no longer have contact with.
Without a will, the law applies a set order that doesn’t reflect these realities. That can lead to outcomes that feel unfair or unexpected. A will allows instructions to be tailored to actual family circumstances, rather than relying on a formula.
For parents, a will is also an opportunity to record wishes about guardianship. Even if there are no major assets, setting out intentions can help guide decisions later on.
Pensions and Death Benefits Aren’t the Full Answer
Some people assume their pension means they don’t need a will. It’s true that many pensions are dealt with outside the estate, but this isn’t universal.
Pension nominations can be out of date, unclear, or overlooked. Death-in-service benefits may involve discretion. A will helps create a clearer overall picture and ensures nothing important is missed.
A will also covers things pensions do not, including personal possessions and any assets held in individual accounts.
Making Things Easier for the People Left Behind
One of the biggest benefits of a will has nothing to do with money. It’s about reducing stress.
Dealing with an estate without a will often takes longer and involves more administration. Banks and other organisations usually ask for additional documents. Family members may disagree about what should happen. Small delays can turn into long frustrations.
A will provides clarity. It gives direction. It allows the process to move forward more smoothly at a time when emotions are already high.
Is a Will Only Relevant Later in Life?
Another common belief is that wills are only needed at a certain age. Life doesn’t always follow a neat timeline. People travel, move, change jobs, start families, and build relationships in different ways.
The question “do I need a will?” is really about whether you want to have a say. A will can always be updated as circumstances change. Making one now doesn’t lock anything in forever.
Getting It Right Under Scots Law
For a will to be valid in Scotland, it must be in writing and signed. It also needs to be clear. Ambiguity causes disputes, and poorly worded wills often create more problems than they solve.
While it’s possible to write a will without legal advice, mistakes are common. Overlooking legal rights, misunderstanding intestacy rules, or using unclear language can all cause issues later on.
A solicitor helps ensure the will reflects intentions properly and works within the framework of Scots law.
Final Thoughts
So, do I need a will if I don’t own property? For most people, the answer is yes.
A will is about choice. It’s about making things simpler for the people left behind. Even a straightforward will can prevent confusion, delay, and unnecessary stress.
Owning property is only one piece of the puzzle. Planning ahead, even in a simple way, can make a lasting difference. Speak to MM Legal today to learn more about our will-writing services.