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Wills | McEwan Fraser Legal
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Why should you have a Will?

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.

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What are the benefits of having a Will?

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.
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What happens if I die without a Will?

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.
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What is Moveable and Heritable Property?

The heritable property is land, buildings and things attached to the land. The moveable property is everything else in your estate which is not heritable such as money, cars, shares, investments etc.

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

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.

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Can you write certain people out of your Will?

In Scotland, if you do not adequately provide for your spouse or children, they can decide to claim their legal rights. Most children choose not to claim and are happy for the surviving parent to receive the residue of the estate.

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Can a Will be altered after someone has died?

Yes, this can be done by Deed of Variation. Speak to your solicitor for all expert advice and benefits of verifying the terms of the deceased Will.

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What is an executor?

An Executor is either appointed by the maker of the Will or by a court. The Executor is responsible for paying all debt of the deceased and distributing the assets to the beneficiaries. Most people tend to appoint their solicitor to act as executor as it removes the responsibility of winding up the deceased estate from family and friends.

Do you have to pay tax when someone dies?

Again, you should speak to your solicitor to obtain expert advice. This depends on the value of the deceased’s estate as at the date of death. There are many tax exemptions that can be claimed after death which can reduce inheritance tax liability.

Our NHS Free Simple Will offer only applies to NHS employees during lockdown who have Valid NHS ID. Where an NHS employee wants to add a spouse or partner to their Will ( mirrored Will ) the costs will be restricted to £100+vat. Where you don’t work for the NHS but have a family member working for the NHS and want a single Will you too can get a Free Will but you must make a donation to the NHS covid19 appeal of £100 at Where a non-NHS employee would like a mirrored Will our costs will be £100 +vat plus a minimum donation of £50 to the NHS covid19 appeal. You must quote the NHS TV offer when you make your first enquiry and your Simple Will will be drafted by a qualified Solicitor. A simple Will means a straightforward Will with little or no financial or advanced planning normally suitable for individuals with net Assets under the current IHT thresholds. If your Will is of a complicated nature and you have significant Wealth then a Simple Will is unlikely to suit your needs and you should discuss with one of our qualified Solicitors. Our Free Will offer is restricted to one Free Will per person or family/household. Any additional Wills be restricted to £100 + vat and you must have the capacity and over 25. You can have as many Executors as you like on your Will and one needs to be McEwan Fraser Legal Trustees so your Executors have legal representation on death and so you have an Executor if you outlive your named Executors. Please note due to the high demand for this offer all enquiries will be responded to within 21 days and it may take up to 28 days to draft your Will. Where you are only completing a Will and not taking a Power of Attorney you will be required to visit our Edinburgh office so one of our lawyers can witness capacity. The Will offer is available until 30th June 2020

EH 7 Will offer

The EH 7 Will offer only applies to Homeowners in EH 7 and are age over 40.

The offer includes one free Will per household. Mirror Wills to include Husband or Wife will be restricted to £125 +vat. Proof of residence is required.

For those that don’t qualify for a Free Will, a Free Will can be provided with any residents taking out a Power of Attorney.

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Did you know that if something happened to you, your property may not naturally transfer to those closest to you? Please get in touch and let us help you help your loved ones.