Last Will and Testament Kit 2022-23 Edition Scotland Version.

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Under Scots law, your existing Will is not automatically revoked when you get married or enter into a civil partnership. If your personal circumstances change, it's important that you make a will or change your existing will to ensure that your money and possessions will be distributed according to your wishes. The law on this is complicated and you might need to get legal advice. As long as it was properly signed and witnessed by two adult independent witnesses who are not beneficiaries and who are present at the time you sign your will, it should be legally binding. But that doesn’t mean it’s a good idea. It is advisable for you to reconsider the contents of a will regularly to make sure that it still reflects your wishes. The most common changes of circumstances which affect a will are:

A key feature of this template is that you can set flexible trust provisions, giving you greater control of how the trustees should administer your estate, and making trust management easy. There is no need for a will to be drawn up or witnessed by a solicitor. If you wish to make a will yourself, you can do so. However, you should only consider doing this if the will is going to be straightforward. The laws regarding writing a will in Scotland are different from those in England, so before making a will, you should make sure that the correct rules are followed. In your Will, you can nominate up to four people to work together as your executors. They are appointed through the process of obtaining a grant of probate when you die.

being unaware that marriage or civil partnership does not invalidate a previously made will or that divorce or dissolution of a civil partnership does invalidate most provisions in a will relating to the ex-spouse or ex-civil partner Who is your alternative residuary beneficiary? This is the person who will inherit your residuary estate if your appointed residuary beneficiaries (above) die before you or less than 30 days after you. A codicil is a supplement to a will which makes some alterations but leaves the rest of it intact. This might be done, for example, to increase a cash legacy, change an executor or guardian named in a will, or to add beneficiaries. You should always approach anyone you are thinking of appointing as an executor to see if they will agree to take on the responsibility. If someone is appointed who is not willing to be an executor, they have a right to refuse. For further information about these requirements, including exceptions, see Who can make a Will? Witnesses and beneficiaries

There are strict time limits for challenging a will and if you want to challenge a will, you should seek legal advice as soon as possible. The will establishes a discretionary trust up to the value of the nil rate band at the time of your death to protect assets for one set of beneficiaries (such as your children until they reach the age of 18). This has advantages of: If you are in any doubt as to whether or not you should make a will, you should consult a solicitor - find out how to get legal advice.

trustees have discretion (which you can guide in a letter of intent) as to how to use the estate. For example, you could direct that it should be used to help support those who want to go to university After whatever gifts you make, the residue of your estate is divided between two or more people in shares you specify. There are books which provide guidance on how to draw up a will. These can help you decide if you should draw up your own will and also help you decide if any of the pre-printed will forms available from stationers and charities are suitable. It is also possible to find help on the internet. We include full guidance notes to make the final will easy to complete, which you can preview. David wrote this template – he is our co-founding solicitor with over 20 years’ experience. The template is comprehensive and you can rely on it to produce a valid and legally binding will. You can make a valid will using our template if you live in Scotland, England, Wales or Northern Ireland. Don’t risk buying a template elsewhere that you cannot be sure will create a legally binding UK will. The detailed guidance notes on the template included in this will kit will guide you through each clause, explaining exactly what you need to consider and edit when you write the will. We have made writing your own will cost effective and very simple with this correct kit. Other Will types for specific situations

Unison, the National Education Union and the Public and Commercial Services Union are among those that partner with solicitors to provide members with a free will-writing service. Wills from Which? signed by the two witnesses, in the presence of the person making the will, after it has been signed. If you want to destroy a will, you must burn it, tear it up or otherwise destroy it with the clear intention that it is revoked. There is a risk that if a copy subsequently reappears, or bits of the will are reassembled, it might be thought that the destruction was accidental. You must destroy the will yourself or it must be destroyed in your presence.

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It is important to choose executors with considerable care since their job involves a great deal of work and responsibility. The law governing what happens to the estate of someone who dies intestate (without having made a Will) are quite different under Scots law. For more information on this, see Laws of Intestacy in Scotland. Legal rights of inheritance Are you making a will? If you want support, you can make your will and have it reviewed by Which?. Until the 30th November you can save 30% on our Premium wills. These standard ways of writing things are tried and tested, and they remove any confusion about what you mean – even if the language seems unusual at first. We use our own trust provisions adapted from the Standard Provisions of the Society of Trust and Estate Practitioners (STEP).

You don't have to appoint more than 1 executor but it's advisable to do so, for example, in case 1 of them dies. Although a will can be revoked by destruction, it is always advisable that a new will should contain a clause revoking all previous wills and codicils. Before making a will, you should consider just what you plan to leave behind for those important to you. Make a list of the money or specific items of your property that you wish to leave to each person. This will greatly assist your solicitor when it comes to making the will. Will-writing services are available. However, will-writing firms are not regulated by the Law Society so there are few safeguards if things go wrong. who is going to sort out the estate and carry out your wishes as set out in the will. These people are known as the executorsIf you have children, you can name a guardian for your children. You can also leave instructions on how they should be cared for. You might want to consider setting up a trust. Tax advice to reduce inheritance tax