If you live in
Scotland
please read
this vital supplement to the main guide
The Law in Scotland is different to English Law. So although
most of what is said in the main guide applies to Scotland, there are six
important differences under Scottish Law:
- The rules of intestate
succession (what happens if you die without leaving a Will) are different. It
is likely that your surviving partner may not end up with the whole of your
estate.
- Widowed spouses, children
and other descendants have "legal rights" - a fixed share of your moveable
property (i.e. anything other than land) which they are entitled to claim,
whatever your Will says.
- In Scotland, anyone over
the age of 12 can make a Will.
- Your old Will is not
invalidated if you get married, legally sparated or divorced.
So if
your marital situation changes in any of these ways, you should review your
Will as soon as you possibly can.
- Your Will may be
invalidated if you have a child after signing the Will and have not dealt with
this possibility in the Will.
- If you live in Scotland or
have a Will made in Scottish form, you should seek advice on the right Clauses
to use in your Will or Codocil. Your solicitor will make sure that the Will is
legally correct and that your wishes can be carried out.
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