Alison McKay, a Partner in our Private Client team says it’s vital that people take steps to ensure their affairs are properly in order to ensure their wishes are fulfilled.
Among them are people downloading online templates without realising they are not compliant with Scots law and also failing to keep up with changing personal circumstances. There have been reports of increasing numbers of inheritance disputes.
Alison said: “The cost of living crisis is undoubtedly a factor in this as many try to cope with the financial pressures caused by the simple fact that just about everything is now more expensive. Another is that, with families becoming more blended and / or more widely dispersed, family members may not be fully aware of their rights or entitlement under a loved one’s Will.
“Disputes regarding Wills can be highly specific and technical in legal terms. They can also be emotionally difficult given that the catalyst of the dispute involves the death of a loved one. Worrying numbers of people, however, do not seem to realise this.
“An estimated six out of 10 people in Scotland die without a Will, which means that who inherits their estate is determined by intestacy rules. That’s unsettling in itself as it can cause unnecessary uncertainty, upset, delay and expense for those left behind.
“Expert - and tailored - advice when drafting your Will is critically important. Some people try to avoid doing this to cut costs, which is understandable. But this can actually prove more costly and upsetting in the long run.”
To go back to the SAMH "make a Will month" hub, please click here.
