7 reasons not to make a Will in Scotland

As we have been preparing Wills online since 2000 and as a registered
Scottish Solicitor for over 25 years, in this article we address some of the common myths and questions about Wills.

Everything will be left to my spouse, anyway.
Unfortunately, many people think this but it is not, necessarily, the case. There is, in Scotland, the right of spouses and children to make claims. Making a will does mean that what you want to happen is much more likely. Making a will means that claims can only be on moveable property. In other words, anything that is not bricks and mortar.
My partner or cohabitee will inherit everything.
This is definitely not the case! Your partner or cohabitee is, in law, a stranger. There is a right to go to court make a claim but that claim is significantly less than would be the case than if you made a will leaving everything or something to him or her.
My children will be all right.
Well, if only this were true. Imagine the situation where someone has children by a number of people. Chaos will ensue. The children can make claims but these claims will be much less than if a will was made.
Wills can be ignored, anyway.
That is not true. As long as a will is found, it must be followed. The executor named in the will is required to follow the will, strictly.
Everything will go on tax anyway.
Well, whether you make a will or not tax has to be paid, if it is due. Most estates go through a process of obtaining “Confirmation”, which is quite like “probate” in England. Without a will, it will be necessary for relatives to apply to the court to be made “executor”. This breathes costs. Unfortunately, this, also, sometimes results in disputes where more than one person wants to be made the executor. Making a will would avoid that.
Wills are expensive.
They can be – but not at www.myscottishwill.co.uk which is designed and run by a Solicitor but without the costs. £49.95 will give you a will written out for you that all you have to do is sign and have witnessed. It is all done online and you do not need to see a solicitor.
Wills are complicated.
They aren’t. My objective has always been to simplify the complicated. Everything is set out for you and you don’t pay anything, anyway, until you are quite satisfied. You make the will on www.myscottishwill.co.uk and only pay after you have seen a summing up at the end.