Around 70% of us die intestate in Scotland, i.e. without a valid Will. Yet the consequences of doing so can be expensive, and can mean that loved ones do not inherit as the deceased might have intended. We are often asked what to do when there is no will.
Unless there is a valid Will in place clearly signed and dated, expressing the deceased's wishes, then the estate would be wound up as intestate and certain rules then apply.
How do you check if there is a Will in place?
1. Check the deceased's home for any information regarding solicitors/financial advisers or other professionals - contact ALL regarding possible Will.
2. Check with family/close friends on any discussions the deceased had about making a Will and funeral instructions. This may lead you to professionals who can help.
3. If there is no immediate evidence of a Will, take legal advice on who is entitled to arrange the funeral and who can inherit. The law provides certain legal safeguards for spouses/children /civil partners/co-habiting couples, an order of preference regarding appointments as an executor and who is entitled to inherit from the deceased.
4. If the total value of the deceased's estate is under £15,000 then it may be possible to use a simplified process- the place holding funds will advise their requirements.
5. If the value exceeds £15,000 you may require:
i. A Court process to obtain Confirmation
ii. A writ to appoint an executor (the person with legal authority to act)
iii. A Bond of Caution (an indemnity policy to protect the executor)
iv. A list of the deceased's assets and liabilities
Although some sheriff courts will help, most recommend taking legal advice.
DON'T follow the actions of Mrs Nicol from Edinburgh, she was so distraught at the prospect that her daughter-in law would inherit her son's estate instead of his children that she produced a Will giving his house to her. He died in 2008 and more than 4 years later, the judge implied the Will had been forged by Mrs Nicol.
The average cost of a Will through our firm is much cheaper than the cost of dying intestate. The completion of a simple Will is free if you are eligible for Legal Aid.
If you would like to make your Will or review your existing one - or are an executor or beneficiary needing advice regarding an estate then please contact our team.
