Other

Wills

It is relatively inexpensive to make a Will and it means that you can be sure that what you want to happen to your estate upon your death will be clearly set out so that any uncertainty or disagreement can be avoided. It also means that you can make sure that you provide financially for your children and family or others, or that your home is left to those that you wish to inherit. In Scotland, you cannot exclude a claim by your spouse or children but you can restrict what they may be entitled to if you want to do that.

When you are separated or divorced, it is important to consider any existing Will and to think about whether you want something changed and if you should make a new Will. If you are separated, but not divorced then your spouse remains entitled to part of your estate, even if you have a Will excluding him or her. We can advise you about how to reduce such a claim.

Within a Will you can state who you wish to care for your child in the event of your death. The law requires that any decision about who will care for a child must be made with the welfare of the child as paramount but such a statement within a parent’s Will would be taken into consideration and given appropriate weight in the event of a dispute where a court is required to decide what is best for a child.