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New Year – New Will?

As we move into February it isn’t too late to tick off some of those new year resolutions.

Some people do not leave a will if they consider that they have few assets or money. However, it is very important to make a will for a variety of reasons. When a person dies without leaving a will, their estate is classed as “intestate.” In this case, the process of distributing the estate can be expensive and can take a long time.

Many people automatically assume that when a spouse or civil partner dies without a will, their estate will be transferred to the surviving partner. If a person dies without leaving a will in Scotland, then how the estate is distributed is dictated by the law.

If a person dies intestate, then the Executor or Executors must apply to the Court for Confirmation. Confirmation is required before the estate can be distributed, in other words, before any assets, such as money in a bank account, can be released. If a person dies intestate and the value of their estate is greater than £36,000, then it is necessary to apply to the Court to be appointed as an Executor. An Executor is the person who is responsible for distributing the estate. If a person leaves a will, then they will appoint an Executor and it is not necessary to apply to the Court.

At Fleming and Reid, we understand that the thought of death and making a will can be daunting and a topic that most of us wish to avoid. We recommend that everyone should have a will drawn up. This will ensure that your estate is distributed according to your wishes and avoids any additional expenses. Leaving a will also helps your loved ones through such a difficult time by avoiding the intestate process. Our experienced solicitors will ensure that the process of making a will is as smooth and stress-free as possible for you and your loved ones.

If you have any questions about making a will please contact us on 01413311144 for an initial consultation.