Validating a scottish will after death

Posted by / 08-Sep-2020 06:50

Validating a scottish will after death

When there is no Will the 'rules of intestacy' (i.e.

the government) states who should get what amount depending on the total net value of your estate.

However, you may, if you wish, gift: You can say exactly what you want to happen to your property. You can make gifts of personal belongings that are special to you and the person to whom they are given.

You can make gifts to charities that are free of Inheritance Tax (death duties).

Fundamentally, your Will is a record of your instructions on how you want your estate to be distributed and can, if you wish, include your directions regarding your funeral. However, it would need to be signed, dated and witnessed in accordance with certain legal rules and would be invalid if otherwise.

Sometimes one executor is sufficient but where there are potential beneficiaries who are not yet 18, then two executors are advisable. Your Will is an invaluable opportunity for you to clearly let your intentions be known relating to: Most people choose to keep their Will as simple as possible and so gift all their estate (as one lump - called the "residue of my estate") rather than try to break it down into individual amounts or items.

If you have children over 18 while one or more are under 18 then you can appoint an older child as guardian of the younger.

Yes, but only by writing a new Will or signing a document called a Codicil.

If your estate is worth more than £5,000 (England, Wales and Northern Irelan) or £25,000 before debts (Scotland) then your next of kin must apply to the courts for the power to deal with your estate - they must apply for 'letters of administration'.

If you had a Will then your executors would apply to the Probate Registry office for a 'grant of probate'.

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And, although you may not like it, if you don't make a Will the law will decide for you, which may not be what you would have wished.

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