Making a Will is one of those things we tend to put off but which we know ought to be attended to. It is a plain fact of life that our existence on Earth is finite and everyone should consider having a Will regardless of their wealth since it ensures that a deceased’s wishes are adhered to when that fateful day arrives.

There is nothing too small or too large to be dealt with in terms of your Will and Hewats will ensure, whether your Will is prepared with the assistance of our online facilities or after a face to face meeting, that it meets your requirements precisely.

As well as Will preparation, we can offer legal advice on related topics such as inheritance tax, lifetime gifts, setting up trusts, both during your lifetime (called inter vivos trusts) and trusts which are set up as a consequence of death (mortis causa trusts).

Other matters which you may wish to consider when making a Will may involve preparation of a Power of Attorney covered in more detail in our feature on the Adults with Incapacity (Scotland) Act or a document, commonly known as a ‘Living Will’ which may give directions as regards what should happen in the event of total incapacity occurring. In this latter respect it should be noted that Scots law is still developing and such ‘Living Wills’ may not carry legal effect but may only serve as a pointer of a person’s wishes to close relatives.

Here, we offer some advice on matters to consider when making a Will, when you should consider revising an existing Will and also provide some basic Will formats to assist you with the preparation of a Will using online facilities.

Generally you should consider making a Will if there is any major change in your circumstances. Such events might comprise:

• Marriage:  In Scots Law marriage does not revoke a pre-existing Will
  
  
• Children:   A will can be drawn to cover existing and future children. As soon as the first-born comes along and you have registered the birth, bought the pram and cot, make arrangements to have a Will drawn.
  
  
• House Purchase: Probably the biggest purchase you will ever make (we don’t all drive Ferraris, not even the partners at Hewats!) and it is important that a Will is used in conjunction with, for example, a conveyance of a house to husband and wife and the survivor to provide for what happens in the case of a common calamity affecting both.
  
  
• Living Together: For people who are unmarried but living together in a long term relationship, it is probably even more imperative than a married couple that they consider making a Will since the surviving partner in a long term relationship has NO rights as against a surviving spouse, who, in Scots Law may have what are known as prior rights (in a case where there is no will) as well as other rights, known as legal rights, whereby a share of a deceased’s estate may be claimed as of right. These provisions do not extend to live-in partners.
  
  
• Inheritance:  As the population’s average age increases so there is a greater trickle down of wealth from one generation to the next. A prime example of this has been the ‘right to buy’ legislation affecting former local authority housing. If your circumstances change radically for the better, consider making a Will.
  
  
• Death of Spouse: A new Will may be required to replace a  ‘back to back’ arrangement whereby spouses left everything to each other.

• Why have a Will at all?

A Will simplifies the process of handing on your estate in the event of death. It contains a clear expression of your wishes. If there is no Will special rules apply in relation to a surviving spouse and the proportion of an estate which he or she will inherit by law. We would much prefer not to have to explain these rules and would encourage everyone to make a Will. In other cases where no Will is left, money may require to be expended from the estate in tracing beneficiaries. And it gets worse, in some cases, involving no close relatives, if there is no Will an Estate may fall to be paid to the government (the Crown as ultimus haeres), regardless of whether the estate was liable to Inheritance Tax or not.

• How often can a Will be changed?

A Will can be changed as often as you wish. Sometimes, if the changes are relatively minor, this is done by means of a document known as a Codicil which is tacked on to the original Will and both Will and Codicil may be read as one. We would recommend that you take stock and consider changes to your Will if there are any major changes in your personal circumstances.

• How much does making a Will cost?

The cost of a simple Will may be modest when compared with the document’s importance and the value of assets involved. A straightforward Will is unlikely to cost any more than £70 (excluding VAT). If you take advantage of our online facility to assist in preparing a simple Will, the charge will be £45 inclusive of VAT for a single Will and £60 inclusive of VAT for a couple making ‘back to back’ Wills. More complicated Wills involving, for example, Inheritance Tax considerations and directing the setting up Trusts, will cost more depending on the complexity of the matter. Hewats will be happy to provide you with a quotation in such circumstances for the likely cost of the work involved.

Don’t put it off any longer. Provided you are habitually resident in Scotland, you may take advantage of the form below to complete the details requested and email it to us. We will respond by telephone or email to check any details and to confirm your instructions. Hewats will prepare a Will in draft form for your approval before the final signing copy of the Will is made ready for your signature. Whilst we would be delighted to see you at any one of our offices, all instructions may be processed via email, mail and/or telephone if you prefer.

If you are unsure of any of the details required on the following form, please leave the box blank or insert a query (?). Any missing or ambivalent details will be sorted out when we contact you.