Will Lawyers Edinburgh – Make a Will

What is a Will?

A Will is a document which describes what you want to happen to your possessions and money after your death. Essentially this includes everything owned by a person at the time they pass away. Should you require the help of a solicitor, our Will writing services in Edinburgh can take care of this for you.

In the document, executors are appointed and it is those executors of the Will who are the people responsible for winding up the estate, gathering in any funds, paying any debts and distributing the estate to those entitled to inherit, known as the beneficiaries. Guardians may also be appointed to look after the interests of any young children.

Quill Legal are Edinburgh Will lawyers. If you are considering making a Will in Edinburgh or other parts of Scotland in particular in some of the towns around Edinburgh, from Bonnyrigg to Broxburn and from Dalmeny to Danderhall, or if you simply want advice on making a Will please get in touch with us for assistance.

Why is it important to write a Will?

Making a Will in Scotland is not only for the older generation or for the rich. A Will is for everyone and ensures that your money and possessions will be inherited by the people you choose, rather than by those provided by the law in cases where there is no Will.

More than half the adult population in the United Kingdom have no Will but you should consider having one when you own a property or have any savings, when you have children or acquire grandchildren, when you marry or divorce.

Having a well drafted Will in place and putting your affairs in order gives you some control and will provide you with peace of mind; it can help to ensure that the interests of future generations, your children and grandchildren, are protected, maximising the potential for tax exemptions to apply and taking account of your particular individual and family circumstances.

Keep in mind that Will writing in Scotland follows different rules from those which apply in England and if you have an English Will it would be prudent to talk to us about whether it is adequate should you have relocated to Scotland.

The best way to make a Will is to talk to an experienced Will lawyer in Edinburgh or elsewhere and this will ensure that your personal wishes are reflected in the terms of your Will. Quill Legal provides Will writing in Edinburgh and we will be happy to talk to you about your individual circumstances and any concerns you may have. We will offer you advice on the appropriate Will for your particular situation.

What happens if there is no Will?

If a person dies without making a Will that person is described as dying intestate. In those circumstances the law provides that the surviving spouse or civil partner is entitled to claim prior rights. They may inherit the deceased’s house, up to a value of £473,000, a portion of the furniture up to a value of £29,000 and a cash sum of £50,000 where there are children or £89,000 if there are none.

After payment of the surviving spouse’s or civil partner’s prior rights the rest of the estate must be divided, taking into account the entitlement of the deceased’s children, civil partner or spouse to claim their legal rights. Moveable estate means property other than buildings and includes money, vehicles, shares, jewellery and other personal possessions. Legal rights may be claimed even where there is a Will.

Obtaining the services of an experienced Will lawyer in Edinburgh will help you to avoid the difficulties of failing to make a Will or the consequences of failing to deal with claims for legal rights.

What should be included in a Will?

When making a Will in Edinburgh it is important to consider the following:

• Choice of trustworthy executors
  
• Who is to benefit from any legacies and who is to inherit the main part of your estate
  
• Whether you wish to set any limitations, such as the age at which a young person may receive their inheritance
  
• Whether there may be inheritance tax to pay and if you need advice on ways in which to minimise your estate’s tax liability
  
• If you are concerned about care home costs whether there are steps you can take to protect your assets for future generations
  
• The rights of any spouse or children to claim their legal rights against your estate and the likelihood of a party contesting the Will for any reason
  
• Whether you wish to include the arrangements you want to be made for your funeral
  
• Selection of an experienced Will lawyer in Edinburgh
  

You can trust Quill Legal to assist you in your decision making. Please get in touch to make a suitable appointment to discuss : 0131 564 1044 or email: kay@quilllegal.co.uk

Types of Wills you can make

Different types of Will are appropriate to suit the individual circumstances of the person making the Will. In Scotland the age of capacity for making a Will is 12 years and in appropriate circumstances anyone over that age can sign a Will disposing of their assets.

A married couple with children from previous relationships may wish to ensure that their Wills make provision for their spouse but also that their own children inherit after the death of the second spouse and in that case a liferent trust Will may be appropriate.

Unmarried couples without children will need to consider whether they want their partner to inherit their half share of any jointly owned property and to make provision for that in their Will; unmarried couples have no automatic entitlement to their partner’s assets.

A single person may want to benefit a charity or a friend rather than a member of their own family or they may wish to make provision for all of them.

When couples wish to reflect the terms of their spouse’s Will in their own Will we refer to them making mirror Wills

Where someone wishes to make arrangements to protect their assets or to safeguard the inheritance of a young person their Will may be drafted to include trust provisions.

A living Will is not a Will in the true sense of the word. It may also be referred to as an ‘advance directive’. It is designed to ensure that your wishes are clear should you be unable to make them known to those caring for you if you become ill. Living Wills are of doubtful authority in Scotland but may be persuasive if the granter understood the nature of the treatment which is referred to in the directive and the probable effect of refusing such treatment.

Quill Legal are experienced Will lawyers in Edinburgh and will assist you to make the right choices when you decide to make your Will.

Benefits of using a solicitor to make a Will

Using the services of a solicitor for Will writing in Edinburgh will mean that your decisions are well informed and that your particular set of circumstances are taken into account.

Your family and those close to you will not be exposed after your death to the additional stress which might arise should you die without making a Will.

You will benefit from the knowledge that you have placed your affairs in order.

How much does making a Will cost in Edinburgh?

People often ask how much is it to make a Will? It is difficult to define the average cost of making a Will in Edinburgh.

Fees may be quoted for standard Wills and for Wills which include trust provisions and non standard clauses. As each person’s circumstances are different, their Wills will vary accordingly.

It is normally the case that it will cost more to administer an estate where there is no Will, than when there is a Will and so it makes financial sense to have a formal Will in place.

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