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Money Saving Tip: If you don't have complex requirements such as the need to create trusts or leave a family business you could save money by Making Your Will Online. |
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When it comes
to making a Will, there are several
important differences between the laws and Scotland and those in England
and Wales. The key differences are outlined below.
If you are domiciled in
Scotland (meaning that Scotland is your permanent home), you can make a
Will as long as you are: For further information about these requirements, including exceptions, see Who can make a Will? Under Scots law it is possible for a witness to inherit from a Will. However, it is still not recommended to ask one of your beneficiaries to witness the Will, as this has been known to result in Wills being challenged in the courts.
Under Scots law, your existing Will is not automatically revoked when you get married or enter into a civil partnership. It is therefore very important to review your Will as soon as possible after this happens. Under Scots law, gifts made to your spouse in your Will are not automatically cancelled when you get divorced or your civil partnership is dissolved. It is therefore very important to review your Will as soon as possible after this happens.
What happens when you have a child Under Scots law, if you have a child after making your Will but the Will does not include instructions for this possibility, the Will may be invalidated. It is therefore very important to review your Will as soon as possible after the birth of a child.
The law governing what happens to the estate of someone who dies intestate (without having made a Will) are quite different under Scots law. For more information on this, see Laws of Intestacy in Scotland. It is not possible under Scots law to make a Will that disinherits your spouse and descendants (children and grandchildren). Scots law gives your spouse and descendants legal rights to inherit part of your property. If you live in Scotland, the law gives your spouse and dependants certain legal rights to your what is called your 'moveable property', which means money, cars, jewellery, antiques and so on, but not land or houses. The flowchart below details the legal rights of your spouse and dependants when you die.
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Money Saving Tip: If you don't have complex requirements such as the need to create trusts or leave a family business you could save money by Making Your Will Online. |
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More information:
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