Making a Will is something which may not be a priority in the day to day life of most people, feeling sure that if the unexpected happens that their family will be cared for regardless of whether they have a Will or not.
However, making a Will is the first step in ensuring that your intentions are followed upon your death and that your family are cared for in a way which you would wish rather than a way which is imposed by law.
Hewats have a level of expertise which we bring to planning and dealing with the preparation of Wills and it should be noted that a well drafted Will lets you make your own choices about how your affairs will be dealt with on your death and who receives what and when. In Scotland there are certain Legal Rights that your husband or wife or civil partner and children have which can lead to complications and which can sometimes be overlooked and we can advise on these matters and help you prepare a Will which will result in your estate being distributed in a manner in which you would wish.
Preparation of Wills
When considering the preparation of a Will you should consider who you wish to appoint as your Executor or Executors. An Executor is the person who is responsible for ingathering your assets and distributing to those people who are entitled to them.
If you do not have a Will then the individual will be appointed by the Sheriff Court and this obviously will result in the possibility of an individual being appointed whom you would not wish to be dealing with your estate.
Thereafter your Will will go on to deal with how you would wish your estate distributed and also provide details of alternative arrangements should individuals die before you do before inheriting from your estate and other such matters which can also include instructions regarding your funeral.
In the event that you do not have a Will, the law of Scotland makes provisions for how your estate is to be distributed and this may not be in a manner in which you would prefer. It should be borne in mind that there are certain individuals under the law of Scotland who are entitled to make a claim on your estate in the event that they are not included in the Will, generally spouses and children, and we can provide you with advice as to how you can ensure that they receive the appropriate inheritance under the Will to prevent any claims outwith your instructions.
Our legal team are here to advise you through the preparation of a Will and are happy to meet with you to discuss matters before taking steps to obtain your detailed instructions.