The answer is now!  No-one wants to think about dying but making a Will is one of the most important things you can do as it determines how your home, your possessions and hard earned savings are distributed following your death.

Failure to make a Will can cause problems for those you leave behind.  They may have to apply to the Sheriff Court for an executor to be appointed to deal with your assets, your estate may bear more tax than is necessary and your possessions will be distributed according to the law, which may not be the same as your wishes!

Making a Will allows you to appoint executors / trustees who will be responsible for administering your estate after you die.  It also allows you to appoint guardians to any children who are under 16 years old and put money in trust for them until they reach a suitable age.  You can also specify your funeral wishes.

If you don’t make a Will and you are married or in a civil partnership, then your estate will not all pass to your spouse or civil partner unless the value of the estate is low.  Children and sometimes other relatives would be entitled to part of your estate.

If you don’t make a Will and you are separated from your spouse or civil partner but you are not divorced then your spouse or civil partner could be entitled to the majority of your estate.

If you don’t make a Will and you have a partner but you aren’t married or in a civil partnership then your partner would have no automatic right to inherit.  They would have to petition the court if they wished to inherit a share of your estate.

Even if you don’t have a spouse, partner or children making a Will gives you the chance to leave legacies to friends or charities.  Otherwise your estate would go to your nearest relatives.  If you have no surviving relatives then your estate would go to the Crown as the ultimate heir, which is not what most people would want!

Even if you make a Will your spouse and children have automatic legal rights which cannot be defeated.  The law in this area and the rules which apply if you do not make a Will are currently under review and are likely to change in the future.  It is impossible to predict what the law may be in the future, just as we can never predict when we will die.

If you wish to put a Will in place you should consult us here at James & George Collie to ensure that you obtain advice and all the formalities are in place so that the Will is valid.  Please contact Forbes McLennan or Miss Vivienne Bruce on the same number or by email at This email address is being protected from spambots. You need JavaScript enabled to view it.