Under Scots Law, anyone over the age of 12 can make a Will setting out what they would like to happen when they die. It is very easy to fall into the mindset that you are too young and that you do not have anything of value or enough wealth to pass on to justify putting a Will in place. This is a however a common misconception, and it is advisable to have a simple Will put in place sooner rather than later, to ensure that your wishes are recorded, for example what will happen with your children, pets, property, and other assets. Although it would be very rare for someone as young as 12, or indeed most teenagers, to make a Will, certainly all adults of whatever age should consider making a Will.
Writing a Will gives you the opportunity to document who you would like to inherit from your Estate and allows you to leave certain assets to individuals of your choice. If you answer Yes to any of the following questions, it could be the right time for you to consider writing a Will:
- Do you have any children?
If you have younger children, you can set out in your Will, details of who you would like to act as their guardian in the event that you and any other parent/guardian have died before your child reaches the age of 16.You can also set out in your Will what are your children should receive any inheritance left to them.
- Do you have any funeral wishes?
Discussing funerals with loved ones can be an upsetting conversation. In a Will you can provide instructions to your Executors for your funeral arrangements and can express your wishes on what people should wear or what songs you would like to be played.
- Do you live with a partner who is not your husband, wife or civil partner?
In the UK, common law marriage does not exist, even if you have lived with your partner for many years. If you die without leaving a Will, your Estate will fall into intestacy. This means that your cohabitee would not be entitled to receive anything from your Estate, and your Estate would instead be distributed in a particular order, which may not reflect your final wishes.
- Do you have any pets?
Our pets are very much part of the family, and when you die it’s important that you know that they are being looked after. You can nominate someone you trust to take care of your pet.
- Do you want to donate to a charity?
You can provide a gift to a chosen charity in your Will, or maybe this is something you need to consider.
It is never too early to put a Simple Will in place, please contact our legal office for further information. Or to arrange an appointment call us today:
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