At Garden Stirling Burnet, we understand the critical importance of writing a Will and are here to address all of your questions, family circumstances, and concerns.
Our compassionate and caring team shall take the time to listen to you and ensure that your wishes are met with a well-crafted Will, providing peace of mind for you and those closest to you.
Why is Having a Will Important?
A Will legally declares how you wish your assets to be distributed and how your dependents need to be cared for upon your passing.
Writing a Will also allows you to appoint an executor such as a friend or relative who can manage your estate, settle any outstanding debts, and distribute remaining assets when you die.
However, should you wish, our professional and experienced team can act as an executor to remove the stress which can arise from carrying out these legal formalities.
If you do not have a Will, then your estate may be subject to time-consuming and costly intestacy laws that can potentially lead to negative outcomes, uncertainties, and family disputes.
When Should You Write a Will?
Despite the importance of having a Will, many people put it off for various reasons, so knowing when to create one is essential.
Here, we give an overview of those key milestones and life events that should prompt you to proactively draft or update an existing Will and ensure effective estate planning.
Entering a marriage or partnership
Deciding to get married or enter a civil partnership is an exciting time, but it is one in which legal matters can get overlooked.
Wills should be viewed as an important part of this life milestone where you can establish how your assets should be divided between you and your spouse or partner, and it can also address any provisions around your children.
Becoming a parent
Having, fostering, or adopting a child, is the perfect time to create or update Wills. It can allow you to identify who shall look after your children, specify inheritance details, and ensure that they are provided for.
You might want to set up a trust to benefit them as they grow, and this can be communicated within your Will.
Acquisition of significant wealth or assets
In life, you may acquire real estate such as your family home, as well as investments or personal valuables. It is therefore critical to have a clear plan for how they ought to be distributed to avoid any future disputes.
Going through divorce or separation
Should you experience changes in your relationship, such as divorce, it is crucial to review and update your Will. Failure to do so may result in your ex-spouse still being named as a beneficiary.
In Scotland, the law recently changed concerning wills after divorce. Previously, if you appointed your former spouse as your Executor or left assets to them, that would still be valid upon divorce. Now, any provisions are automatically cancelled upon divorce unless you expressly state otherwise.
These rules do not apply to their appointment as a Guardian to your children in your Will. It also does not apply to those who are separated but not divorced.
Experiencing serious health challenges
When facing health challenges or terminal illness, you may wish to update or write your Will to ensure peace of mind and clarify your wishes around funeral arrangements and your legacy. When it comes to any medical care or intervention that you may require at such a time, this is best addressed through a Living Will or a Power of Attorney.
Do You Need a Solicitor to Write a Will?
Whilst some people do write their own wills, consulting with a solicitor ensures that you make no mistakes that could result in complicated issues or misunderstandings.
Garden Stirling Burnet’s trusted private client solicitors ensure that your Will is legally valid with clear instructions and meets all the formal requirements.
Protect Your Legacy with Garden Stirling Burnet
Will Writing is not a one-time task, but one that may need to be revisited as life and circumstances change.
By consulting with the team at Garden Stirling Burnet, you can ensure that your legacy is protected no matter what happens and that your family are provided for according to your wishes.
