Writing a Will: top tips to avoid costly mistakes 

Writing a valid Will is essential to ensure your assets are distributed the way you intend and that your wishes are respected after you pass away. However, when it comes to Will writing in Scotland, the legal landscape can be complex, and making mistakes can lead to expensive consequences. To safeguard your legacy and spare your loved ones from unnecessary complications, you’ll need to navigate this process carefully. 

Understand Scottish inheritance laws 

One of the primary reasons Wills face challenges in Scotland is a lack of understanding of the country’s unique inheritance laws. Scotland has its own legal system, distinct from that of England and Wales. The Scottish legal system operates under the principles of ‘Prior Rights’ when there is no Will, and ‘Legal Rights’, which apply regardless of whether there is a Will in place or not. Legal Rights are an entitlement of both surviving spouses/civil partners and children of the deceased, to a share of their moveable estate.

You may wish to consider structuring your Will in a way that respects Legal Rights while still achieving your desired distribution of assets. While you have the freedom to distribute your estate as you see fit, you should be aware of Legal Rights and take advice on whether they would apply in your estate.

Choose your executor wisely 

Your executor is responsible for administering your estate according to your wishes after you pass away. It’s a role that demands trust and responsibility so it is important that you appoint someone you are confident can take this on. Choosing the wrong executor can result in delays, disputes, and increased costs. 

Professional advisers, such as solicitors or accountants, can serve as executors, ensuring that the process is handled efficiently and in compliance with the law. However, more commonly, executors themselves appoint a solicitor to deal with the estate administration effectively on their behalf. 

Be specific and clear in your Will 

Clarity is key when drafting a Will. Being vague or ambiguous can lead to disputes among beneficiaries, potentially resulting in costly legal battles. To avoid this, be specific about your intentions and clearly identify your assets.  

Using ambiguous language in your Will can create confusion and leave room for interpretation. For example, stating that an asset should go to “family members” may lead to disagreements over who is entitled to what. Instead, list each beneficiary by name and provide detailed instructions for asset distribution. A well-drafted Will leaves less room for disputes and minimises the risk of expensive legal interventions. 

Update your Will regularly 

Life changes, and circumstances change over time, so you should not only have your Will drafted by an experienced solicitor, but make sure that it is up to date. Marriage, divorce, births, deaths, and changes in financial status can all impact the relevance of your Will. If you don’t update your Will accordingly, it could lead to unintended consequences. For instance, if you remarry and do not update your Will, your new spouse may not be adequately provided for. Take the time to review your Will with a solicitor periodically to make sure it reflects your current wishes and circumstances. 

Writing a Will in Scotland requires careful consideration. Seeking professional advice from a solicitor specialising in Scottish succession law means you can ensure your final wishes are carried out without costly complications. By taking these steps, you can safeguard your legacy and provide your loved ones with peace of mind.