Making a will is now more important than ever, especially for parents, writes Nan Spowart
As the modern world grows more and more complicated, so does the importance of making a will.
Death is not a topic many people wish to contemplate but failure to draw up a legal will can add extra stress for family and friends at an already difficult time.
It there is no will it can pose major problems for those left behind, for instance, by paying more tax than necessary. Your estate - money, other assets and possessions - could be distributed according to the law rather than your wishes. It is particularly important to leave instructions if you own property.
Trying to divide assets without a will when emotions are raw can lead to painful splits within families that never fully heal so it makes sense to have one’s wishes set down in black and white so there can be no doubt over what should happen.
While many wills can be straightforward, others involve complicated arrangements such as inheritance tax and now also digital assets.
Making a will without legal assistance is not recommended as it might have mistakes or lack clarity which would make it invalid. Considerable legal costs can be incurred if mistakes or misunderstandings need sorted out and this will reduce the amount of any money left by the deceased.
A will can cover a range of issues including: who should inherit your property, money, other assets and possessions; how your children should be cared for; who should be responsible for looking after your estate (the executors); special arrangements for your funeral and charitable donations you would like to make.
Your solicitor can help your family or executors contact undertakers and arrange for the death certificate to be issued by the General Register Office for Scotland.
Solicitors are also often named as executors when a will is drawn up. Others, such as family members, can act as executors.
It is important to keep your will safe and if a solicitor has drawn up the will, he or she will usually keep the original and send you a copy.
A simple will can cost very little and some solicitors offer a free service in return for a donation to charity (for instance, see www.willreliefscotland.co.uk/ or www.willaid.org.uk). Anyone looking to keep costs down should phone two or three solicitors and ask them to quote a fee.
To save time and reduce costs when visiting a solicitor make a list of your assets such as savings, property, pensions, insurance policies, building society and bank accounts and any shares.
It may also be an idea to consider whether you want anyone to access any digital assets you have such as online photograph albums, music accounts or even social media accounts and note down how to access them.
All Scottish solicitors must meet the high professional standards which are set and upheld by the Law Society of Scotland. These standards govern their conduct as solicitors as well as the service they provide to their clients. On top of this, solicitors working in private practice are covered by insurance and must pay into a fund which covers members of the public for monetary loss in the event of solicitor dishonesty. If a solicitor makes your will, you and your loved ones are protected in the unlikely event that something goes wrong.
For more information go to www.lawscot.org.uk
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