Have it all in order before signing off

Sarah Devine consults the professionals for the very last word on Will writing

AWill is one of the most important documents a person can sign, for both themselves and their loved ones, and something that the coronavirus pandemic has brought to the fore and, ultimately, made easier.

During lockdown last year, the Law Society of Scotland allowed Wills to be signed and witnessed online via video calls for the first time.

“Many people are now potentially more anxious to make sure they have these things in place,” explains Dennis Gardener, principal of Perth-based Saltire Will Solutions.

“Over lockdown, more and more people have been updating their Wills and looking at them for the first time.”

Thanks to the introduction of video calls to the process, solicitors specialising in Will writing, or qualified Will writing practitioners, can watch someone sign their Will in their own home before receiving it by post to sign as a witness. Gardener adds: “For an awful lot of clients that makes a lot of sense, even now.”

It is increasingly important to have a Will in place. Gardener says that many people who have been with their partner for many years, or who have children, often make the assumption that their wishes after death will be made automatically.

However, the rights of succession dictate how an estate is distributed following death without a Will.

“In Scotland, because of forced heirship, you can’t stop either your spouse or children from receiving part of your estate. You need to decide whether other things need to be put in place to protect them. For example, you don’t want a 16-year-old to receive even a small amount of cash which could be very dangerous to them.

“Or if somebody isn’t physically able to deal with money, that is not fair on them. There are specific laws there to look after people who are disabled to make sure they don’t lose out on means-tested benefits if they have been left something in a Will.”

When choosing a Will writer, ensure they are a member of either the Institute of Professional Will Writers or the Society of Will Writers.

The Law Society of Scotland suggests updating a Will every five years, although

Gardener suggests every two or three years to ensure it remains up to date.

There is no limit to the number of revisions and they can be achieved via two methods – creating a separate document, known as a codicil, that refers to the current Will and lays out any small changes; or a rewrite of the Will to replace a previous one.

It is also important to store the Will sensibly – and to inform the executor where you have placed it for safe-keeping, as it must be in prime condition at the time the person dies, which is vital in proving it hasn’t been tampered with.

And once family and friends are taken care of, a Will writer will ask the client to consider leaving a gift to charity. Not only do gifts support the work of good causes, but it makes sense from an individual’s perspective.

If 10 per cent of the estate is given to a Uk-registered charity, the inheritance tax rate drops from 40 per cent to 36 per cent.

Gardener adds: “I ask clients if they would, rather than having flowers, have a collection for nurses, an individual or a cause who were there at the end of their lives.

“I suggest to people that if they have been supporting certain charities over the years, they make sure that their family understands what those charities are, because they will also often continue leaving gifts for the future.”

Remember A Charity has more than 1,000 solicitors and professional Will writers who can be found online at www.rememberacharity.org.uk/find-asolicitor-or-will-writer

Over lockdown, more and more people have been updating their Wills and looking at them for the first time