Don’t leave your final wishes to chance with a DIY will - Dorothy Kellas

Dorothy Kellas

Many are talking about wills at the moment, and it is never too early to start thinking about what

happens with your assets when you pass away – particularly if you haven’t already made any plans.

Without a properly prepared will, the division of your estate would be determined by statute, in

accordance with intestacy rules. But, through that process, the division of assets may not pan out

how you’d expect, or like, it to. The underlying legislation was first introduced during the 1960s and,

although designed to be fair, your own idea of fairness may differ, and society has evolved

significantly in the decades since.

Unmarried partners, for example, are not as well protected as spouses or civil partners by current

Scottish succession law. Conversely, a spouse you have separated from, but not yet legally divorced,

could have a significant claim on your estate if the appropriate steps have not been taken.

Aspects of the law are currently subject to consultation, and many are keen to see changes to the

succession rights of cohabitants. In the meantime, you need a will to clearly state your wishes.

Understandably, death is a difficult subject for families to discuss. However, disputes or resentment

between the beneficiaries of a will can be equally upsetting. It is far more powerful for recipients to

hear someone’s intentions directly, rather than it being delivered by a solicitor who might be a

stranger to them.

In instances where the division of assets doesn’t follow the norm, have the discussion with loved

ones while you can. In these cases especially, the precise wording of your will is crucial. You might

think it is plain English, but we can’t go back and double-check what you meant if interpreted

differently. Solicitors use specific language for a reason, to avoid any ambiguity or uncertainty, and

also to ensure the law is applied correctly.

More generally, if your will is not set up properly it can be hugely problematic further down the line.

Be very wary of any free-to-download templates or DIY kits. Often these will be made in accordance

with English law. Some websites even advise that you could, in theory, write your will on scrap paper

– but this is a terrible idea.

Many people still think about wills as a once-in-a-lifetime task, or a requirement for later life, but we

never know when it could be needed. If you set one up today, it can always be reviewed and

amended if circumstances change. Through regular discussion with legal experts, you can also keep

on top of any considerations like inheritance tax, which may impact the outcome.

Scottish courts regularly see disagreements about wills for a range of reasons, however, with

thorough preparation the stress and strain that puts on families can be avoided. If you can, try to

talk to loved ones about your wishes while you still have plenty of time.

Dorothy Kellas, private client partner at full-service legal firm Gilson Gray