What happens if you don’t have a Will?

ILAWS Scotland organises hundreds of Wills for clients each month. Here we speak to Tony Marchi, principal at ILAWS, for his expert advice about Will-writing and what happens if we do not have one.

Is it true that age does not matter when it comes to writing a Will?

Scots Law allows anyone from the age of 12 years to make a Will.

What happens when there is no Will?

You die intestate (anyone dying without a Will). This means your family have NO say in what happens to your estate – it falls to Intestacy Law and the courts decide who inherits. In most cases this would still be who you would wish to inherit but the court process (sometimes known as probate or confirmation in Scotland) is lengthy and expensive to your estate. It can take one-to-two years to arrange and cost several thousands of pounds.

Have you heard of any worrying situations when there was no Will?

A couple lived together for 48 years but never married. The gentleman died without a Will. The residential home passed to his children from a previous marriage that he had no contact with and the partner was forced out and inherited nothing.

What advice would you give to people about writing a Will?

Don’t be one of the many people we come across saying “I/ we were going to get a Will/Power of Attorney; I/we just hadn’t got round to it” or “Mum and Dad were going to get their Wills/Powers of Attorney done but now it’s too late.”

Would you encourage younger members of the family to do it too?

Once you get married or buy a house or have children – you should be making or amending your Will.

What prompts most people to write a Will?

Unfortunately, usually someone they know has passed away and the family are having a terrible time. Most people don’t realise how difficult it can be for those left behind without this being organised.

Remember, ILAWS can organise your Will for just £40 (plus VAT). Contact them on the number below to make arrangements today.