Wills in Scotland FAQ

How much does a Will cost?
The cost of a Will varies, depending on it’s complexity and individual circumstances. If the Will is simple and straightforward, it can be as little as £150 plus VAT.

Do I need to make a Will?
It is important to have a Will in place as it ensures that your family and friends are protected in the event of your death and your estate is distributed in accordance with your wishes rather than the laws of intestacy.

Can I prepare my own Will?
Yes, you can, however it is recommended to use a professional to prepare your Will to make sure it reflects all of your wishes and that validity requirements are met.

Can I make a Will online?
Yes, you can however make sure that the online Will is reflecting your personal circumstances.

What is a simple Will?
A simple Will provides details of your executors and instructions on how your estate is to be distributed such as the whole estate going to your spouse or children.

Do I need a Will if I am married?
Yes, even though in most cases in terms of the law of intestacy your estate will go to your spouse. If you die intestate (without a Will) your spouse will require to apply to court to be appointed your executor in order to have legal authority to deal with your assets. This expensive and time consuming process can be avoided if you have a Will in place appointing your spouse as your executor.

Do I need a Will if I am co-habiting?
Yes, you do as your co-habitant has no automatic right to your estate in the event of your death. If you die without a Will, your co-habitant will require to make an application to the court for financial provision on death however, again, this is an expensive and time consuming process and subject to strict time bar provisions.

Should I use a professional to help me prepare my Will?
It is essential to have a Will prepared by a professional to ensure it is properly drafted, signed and all requirements for its validity are met.

How long does it take to prepare a Will?
It doesn’t take long to have a Will drafted by a professional. In urgent cases, a Will can be drafted within an hour and signed the same day.

Why should I choose Caritas?
Caritas Legal is a specialist law firm focusing on client care through delivering expert, down to earth advice with empathy, insight and professionalism. Call us today on 01383 431 101 to make your appointment.

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