Tag Archives: Wills

Are wills made outside Scotland valid in Scotland?

Bruce de Wert

Bruce de Wert

Wow!  That is a difficult question.  The answer is that it depends!

You know, sometimes things are just complicated. This is one of those occasions.

It depends upon: –

Where the will was made.

When the will was made.

What the circumstances of the will maker were, when the will was made.

What the present intentions of the will maker are, at the moment or, if dead, his or her intentions at the date of death.

If you look at my posts, you will see that, generally, I try to give a cogent answer to the question but this one is far too complicated.

The consequences of getting it wrong are too huge to contemplate trying to guide  you.

This is one occasion where I advise you to obtain legal advice on your particular circumstances or the particular circumstances of the Will maker, before  making decisions based on the Will.

Sorry about that!

Bruce de Wert

 

As well as my online Wills service at www.myscottishwill.co.uk, I am private practice  in Wick  (01955 606060) in the north of Scotland and in Duns  01361 883222 in the south of Scotland.  As well as standard physical appointments, I can take telephone or Skype appointments. Please phone for an appointment.

 

 

 

 

Can I disinherit my children in Scotland?

The answer to that is “almost”.

If you make no will then your children will inherit something subject to my comments in an earlier blog. When I talk about children, I am talking about any children that you may have had by any relationship and any adopted children.

Charity Wills – MyScottishWill raises money for MFR cash for kids

Moray Firth radio cash for kids charity willMoray Firth radio Cash the kids Charity Wills

 

 

 

Now you can make your Scottish Will and help underprivileged children at the same time!

I am assisting Moray Firth Radio Cash for Kids appeal during the whole of October and make a donation to charity for every Will made.

Make your Will in the privacy of your own home, secure in the knowledge that it is completely valid and very affordable!

Click here to visit MFR cash for kids and make your will

Bruce de Wert

 

 

 

Bruce de Wert

 

Does my new Scottish Will supersede my old Will?

Well, the answer is “it depends”.

  • If you use my MyScottishWill, the answer is “definitely, yes”.
  • If you use a Solicitor, the answer is “very probably, yes”.
  • If you use a Will form, the answer is “it depends”.
  • If you do it yourself, the answer is “probably not”.

There is a form of words that can be used but not every form of Will is meant to supersede the old one. There are Wills where all you want to do is add to the old Will and/or make changes to the old Will. In that case, you definitely do not wish the old Will to be superseded!

Where you are changing a will, there is something else to think about. If a bequest to someone is being reduced or completely taken away, then you will have issues of disappointment/family problems if they can see that the change has been made. They will agonise as to how they upset you and the people who benefit from the change may be targeted as “influencing” this decision.

Better, perhaps, if these are potential issues to make a brand-new will, how the old one destroyed and it is a new beginning.

You can make a legally valid Scottish Will instantly, online, at a time of your choosing and at a very competitive price at my website MyScottishWill

 

In a Scottish will, can a beneficiary also be an executor?

last-will-testament-onlineI am often asked this question and the answer is a, resounding, yes!

In fact, I would say that in most Wills, that is the result.

This is hardly surprising since most people want their nearest and dearest to inherit and they also want the same loved ones to be in charge of winding up their estate, after their day.

So, for instance, a husband will appoint his wife as executor and then leave her everything, trusting her to ensure that the children are looked after.

They are seldom disappointed since, as a general rule, people want to benefit their bloodline.

 

You can make a legally valid Scottish Will instantly, online, at a time of your choosing and at a very competitive price at my website MyScottishWill

 

Mother forged son’s Scottish will-why did this happen?

MyScottishWillIn 2008, Steven Nicol died in a road accident. He left behind a daughter to his former cohabitee.

He also left behind his mother living in a house he owned.

It was decided, yesterday, by the Scottish Court of Session, that he left no Will. The Will that was produced by his mother, after his death, which left her that house, was, in fact, a forgery.

The difference between a Power of Attorney and a Will in Scotland

 

Bruce de Wert

Bruce de Wert

Anyone made the executor of a Scottish will or given a Scottish power of attorney share similar responsibilities to the person appointing them.

They need to do what the granter wants and what is in the granter’s best interests. The difference, however, is that one one takes care of things whilst the granter is living and the other after the grantor has died.

Are there Scottish Power of Attorney forms?

MyScottishAttorneyA comment on this blog from an Irish reader has motivated me to write about the Power of Attorney forms that can be found on the Scottish Office of the Public Guardian website.

Is making a will easier second time around?

last-will-testament-onlineGuest blogger Sheree Sartain writes about wills and why you should keep yours up to date.

I have a will, it was written about twenty-five years ago and names a solicitor, based somewhere in London, as executor.

I’m not sure that the content of the will really reflects my current situation and I’ve been meaning for sometime to have it redrafted. Contemplating writing my will – again – is no easier than it was the first time but doing it online helps.

Would you disinherit your children? An issue for Scottish wills

MyScottishWillDo you want to disinherit your children? From 1 February 2012 if you die without leaving a will your spouse will have a “prior right” to your home up to the value of £473,000.

If you have children from a previous marriage and you don’t write a will then you may unintentionally disinherit them.

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