Nobody likes to think about death but, sadly, it is going to happen to all of us.

Planning ahead and making a will means you can ensure what happens after you die – and who inherits your home and other assets – is what you want.

You might think you don’t care but if you die without a will it makes things much harder for your loved ones and decisions will be taken out of their hands. And don’t assume everything will automatically go to your partner – that might not be the case.

Your will is a written declaration which specifies how your property, assets and wealth is to pass on your death. It can also appoint a guardian for any children you may have who are under 16 and appoint executors, who carry out the instructions in your will. If you die without a will, the state decides who receives your property, without regard to your wishes or your heirs’ or dependents’ needs.

It’s important to make a will because:

  • If you die without one, there are rules to decide how your assets (money, property or possessions) should be allocated. This might not be what you would have wanted.
  • Issues can arise for couples who aren’t married or in a civil partnership if there is no will. Although cohabitees have a right to apply to the Sheriff Court within 6 months of their partner’s death for a share of the estate, the amount they can claim may be much less or more than you would want them to have.
  • If you have children, particularly children under 16 or children from another or previous relationship, you need to make a will so that arrangements for the children can be made if you die.
  • It may be possible to reduce the amount of tax payable on the inheritance if advice is taken in advance and a will is made.

At MHD Law we can help you every step of the way. Our solicitors have many years of experience and can guide you through the process – allowing you to get on with your life knowing you’ve done all you can to provide for your loved ones in future. Get in touch on 0131 555 0616 to discuss how we can help you.