Wills and Estates

Statistics show that as many as 60% of Scots die without making a will. For those left behind, this can make loss more troubling than it needs to be.

Why do I need a will?

If you make a will, as part of the process you will nominate an executor to carry out your wishes and oversee the settling of your will once you die. Without a will your bank accounts and assets can be frozen while executors are appointed causing long delays, inconvenience, and major extra expenses.

Making a will is a relatively simple process which can ensure that estate settlement goes as smoothly and rapidly as possible for those left behind.

At Barnetts, we believe everyone should take legal advice when preparing their will for these reasons:

• Making a will can give you and your family peace of mind.
• If you have children then you can clearly set out your wishes.
• Over the years we have seen many 'home made' / DIY wills. The majority of these contain mistakes, some of which make the will invalid.
• Many people believe that making a will takes a lot of time, effort and money. In reality most family wills can be instructed, sometimes even by telephone, but mostly after a ten-minute meeting. The cost through Barnetts is modest.
• A will allows you to choose the person you trust to administer your affairs after your death by appointing them as your Executor.
• Some people think that they know who their beneficiary will be so it is not necessary to make a will, unfortunately this is not always the case. The only way to ensure your wishes are carried out is to make a proper, legally binding will.
• Making a will can give you and your family peace of mind.

To find out more, read this Scottish Office pamphlet.

Please never hesitate to ask our advice. We are always happy to help.

Dealing with an Estate

When someone dies it is important to seek legal advice to help with winding up the estate. It may be necessary to apply to court for Confirmation to enable the executor to handle the estate. We can handle this on your behalf, including ingathering the estate – which can be in the form of shares, property, bank accounts - dealing with the sale of property and, depending on the value of the estate, helping deal with inheritance tax issues.

It is important to obtain legal advice. Please contact Alastair or Hollie to discuss this further.