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Why prepare a Will?

Scotland

if you are single

If a single person dies intestate (without a Will) in Scotland and their estate is worth more than £ 25,000 or more the following happens –

everything goes to their children if any, whom failing

everything goes to their parents should they be alive, whom failing

everything goes to their brothers and sisters or their children if any, whom failing

everything goes to their grandparents if alive, whom failing

everything goes to any blood relatives if any, whom failing

everything goes to any traceable blood relative, whom failing

everything goes to the Government

and nothing goes to anyone else

 

 


 

 

 

 

 

 

 

 

 

if you are married (with no children)

Should a married person with no children die without a Will in Scotland the following occurs -

the first £ 130,000 + plenishings up to £ 22,000 + a further £ 58,000 go to their spouse

the remainder goes to the deceased’s parents if alive and shared with brothers and sisters, whom failing

the remainder goes to their brothers and sisters if any, whom failing

the remainder goes to spouse if alive, whom failing

the remainder goes to uncles and aunts if any, whom failing

the remainder goes to their grandparents or their brothers and sisters if any, whom failing

the remainder goes to any traceable blood relative, whom failing

the remainder goes to the Crown

if you are married (with children)

Should a married person with children die without a Will in Scotland the following occurs -

the first £ 130,000 + plenishings up to £ 22,000 + a further £ 35,000 go to their spouse

the remainder goes to the children. In the case of children under 16 years old a guardian needs to be appointed in case they are orphaned

Mintaplan Limited (01764 655633 or david@miplan.co.uk) is happy to assist. A solicitor should be consulted in the following circumstances however -

you share a house with someone who is not your spouse or civil partner

you have a dependent who cannot care for themselves

there are members of your family who can make a claim or mount a challenge – e.g. 2nd wife, children from a first marriage

you are not a British citizen or your permanent home is abroad or you own property that is abroad

you have a business or an estate/s, multiple properties and similar

however a valid Will must show the following characteristics–

be made by a person who is 18 or more

must be made free from duress

must be made by a person who is in full command of their mental capacities

be in writing

signed by the person in the presence of two sighted witnesses

be signed by the two witnesses after the person has signed and these witnesses or their spouses may not also benefit from a will