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.

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.

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.

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.

Get your will today

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.

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