GET YOUR WILL WITH MCEWAN FRASER LEGAL

Question 1

What happens if I die without a Will?

Answer

If you die without a Will your spouse or civil partner is entitled to claim prior rights.

Prior Rights are as follows:-

The family home (if they live there) up to a value of £473,000
Contents of the family home up to a value of £29,000
£50,000 cash if there are children, £89,000 cash if there are none.

Question 2

What are the Legal Rights if you don’t have a Will?

Answer

In terms of Scottish Law, you cannot discriminate your spouse and children. Legal rights are available when you die without a Will as well as a situation where there is a will. The surviving spouse is entitled to one-third share of the net moveable estate. If either spouse or their children fail to survive, then the entitlement is one way.

Question 3

Why should you have a Will?

Answer

Most people think that when they die their possessions such as a property and savings will automatically go to their husband, wife or children. This is not always the case, If you die without leaving a Will the law decides who gets what, not your partner or family.

Question 4

What are the benefits of having a Will?

Answer

The main benefits of having a Will are as follows:

Your estate is distributed accordingly to your wishes and not the law of intestacy. If you are not married, your partner won’t have a right to your estate.
You decide who your executor is
You can appoint a legal guardian for children under the age of 16
You can leave funeral instructions
You can protect vulnerable/disabled beneficiaries from inheriting outright (care home fees, means-tested benefits)
You can make specific legacies or charitable donations.
In the case of a second marriage. You want to ensure that your children from your first marriage are protected.