WHEN THERE'S A WILL, THERE'S A WAY
With Will Aid month getting underway in November, Peter Ranscombe explores why it’s so important to write a will
It's Will Aid month and there's no excuse for not writing your will
Few of us like to think about our own death, yet coronavirus has brought the end of life into sharp focus. The pandemic has taught us to celebrate what’s most important in life – our families and friends and neighbours. Writing a will helps make sure our nearest and dearest get what we want them to receive.
Many of the assumptions we all make about what will happen to our estate – our property, money, and other assets, minus our debts – when we die aren’t true under Scots law. It’s often assumed that if one member of a couple dies without leaving a will then their surviving spouse or partner inherits everything – but that’s simply not the case.
Instead, the ‘intestacy’ rules laid out in the 1960s come into play, with the estate split between the spouse or partner and any children. Depending on the circumstances, other family members – including grandchildren, parents, siblings, and more distant relatives – could inherit a share of the estate if a spouse or partner and any children have already died.
Another misconception surrounds ‘bidie-ins’ or ‘cohabiting couples’ who aren’t married or in a civil partnership. There’s no provision for them to inherit money, property, or possessions under the intestacy rules, but laws introduced in the 1990s mean they can go to court instead to be awarded a share of the estate.
To avoid arguments or even court cases at what will already be a stressful time for a grieving family, a simple solution is to lay out your wishes in a will. As well as explaining what you want to happen to your property, possessions and money, your will can also outline who you’ve asked to look after your young kids if you die.
It’s a topic that’s reached the front of many people’s minds over the past few months. A recent survey found that 55% of people plan to either update their will or write a will for the first time in light of the pandemic.
To be valid in Scotland, a will needs to be written by a person over the age of 12 who is of ‘sound mind’ – in that they understand what they’re doing and what its consequences will be – and without pressure from anyone else. The person writing the will needs to sign each page in front of a witness who is not a family member and who won’t benefit from the will.
A will doesn’t have to be drawn up by a solicitor – there are lots of ‘do-it-yourself’ options available online, some from recognisable brands, although many are aimed at the English market and don’t appear to recognise that Scotland has always had its own legal system. Buyer beware.
Where solicitors can prove useful is making sure that a will is clear. That can be very important if you’re leaving money to family and friends in proportions that they may not necessarily expect.
Having a will that’s been written by a professional can help to avoid arguments, especially if one of your beneficiaries – or someone who expected to be a beneficiary but isn’t – falls out with the rest of the family and goes to court to try to get a share of your estate. The last thing that anyone wants in the midst of grief is a legal battle.
Professional help can also prove to be very useful if you have assets in more than one of the UK’s jurisdictions; for example, your main home might be in Scotland but perhaps you have a holiday home in the Lake District or Wales or the South-West of England. Solicitors can help you to avoid any unintentional paperwork pitfalls.
Some life insurance policies and trade union memberships offer free or discounted will writing. It’s always worth a quick check.
While some efforts have been
“During November, hundreds of solicitors will waive their usual fee for writing a will
made to modernise the law around inheritance, families are far more complicated than they used to be. If you want to leave money or possession to your partner’s children from their previous relationships, for example, then a will is essential to make it clear who you want to inherit from you.
There may be a sucking of teeth at the thought of paying a solicitor to write a document that – in theory – you could write yourself. Yet the complexities of laying out different scenarios – who will inherit your cash if all your children die before you do? – means it’s worth considering professional advice.
November could be the time to do it. Especially if cost is a factor.
During November, hundreds of solicitors up and down the country will waive their usual fee for writing a will and instead will ask their clients to donate money to the Will Aid scheme instead. Nine charities receive support through the programme, including the Scottish Catholic International Aid Fund (SCIAF), and UK-wide operators such as Age UK, Christian Aid, and Save the Children.
For a simple single will, the suggested donation is £100, rising to £180 for a basic ‘mirror’ will for a couple. I used the scheme and it was very straightforward.
Since 1988, more than 300,000 people have used the Will Aid scheme, raising more than £21 million for charities. Last year, around 800 solicitors took part in the programme, together raising more than £1 million.
A similar scheme, called Will Relief Scotland, takes place each September. Four charities – Blythswood Care, EMMS International, Mission Aviation Fellowship, and Signpost International – are supported by its work, with more than £22,000 raised last year.
As well as bringing wills into focus sharply, the pandemic has also led to lawyers looking at the practicalities of drawing up instructions. The Law Society of Scotland, which regulates solicitors, issued fresh guidance back in March that allows lawyers to witness wills being signed during a video call.
There are steps that need to be taken; the person signing the will must show the solicitor that there’s no one else in the room – to prove they’re not being coerced – and then show them each page, both before and after it’s signed. When they receive the paperwork back, the solicitor can then sign it to say they witnessed it being completed.
Once a will has been written, it’s important to keep it up to date if circumstances change. Making small alterations can be done with a ‘codicil’ or supplement but, if major changes are required, then you may need to write a new will.
While writing a will may at first feel like a morbid activity, it can actually be quite liberating. As Scottish Games of Thrones actor Iain Glen put it: ‘Making a will is really about owning up to the inevitable.
‘I found making a will a happy, comforting and cathartic experience. Knowing you will be providing for and making things much easier for your loved ones.’
Find out more about Will Aid at www.willaid.org.uk and about Will Relief Scotland at www.willreliefscotland.org.