When preparing for the future, one of the most important yet often overlooked tasks is making a will. Shockingly, a staggering 69% of people in Scotland don’t have a Will in place. This statistic reveals a widespread reluctance to engage in what many consider an uncomfortable subject. However, creating a Will is one of the most vital steps to ensure your loved ones are cared for and your assets are distributed according to your wishes.

The Importance of Making a Will

A Will is a legal document that sets out how you want your assets to be distributed after you pass away. It can cover everything from property and money to personal possessions and even care arrangements for your children or pets. Without a Will, your estate will be distributed according to intestacy laws, which may not align with your wishes and could lead to unintended consequences for your family.

For example, under Scottish law, if you die without a Will and are survived by a spouse or civil partner and children, your estate will be divided between them according to specific rules. This could mean your spouse doesn’t receive everything you intended, potentially leading to financial difficulties.

Common Reasons for Not Making a Will

Despite the clear benefits, many Scots avoid making a Will. Here are some of the most common reasons given:

“I’m too young to need a Will.

Many believe Wills are only necessary for the elderly or those in poor health. However, accidents and unexpected events can happen at any age. Having a Will ensures that your assets and loved ones are protected no matter what happens.

“I don’t have enough assets to need a Will.

Another misconception is that only those with substantial wealth need a Will. Regardless of the size of your estate, a Will allows you to make specific decisions about who inherits your belongings. Even personal items with sentimental value can cause disputes without clear instructions on who should receive them.

“It’s too expensive or complicated.”

Many people assume that creating a Will is costly.  Creating a basic Will is often more affordable and straightforward than most people think. With up-front costs for advice on basic Wills, taking legal advice to ensure that your Will is valid and the terms can be implemented upon your death, is crucial.  Our Solicitors can also advise on complex estates and will confirm any additional costs before proceeding.

“I haven’t gotten around to it.”

Procrastination is a common reason for not making a Will. It’s easy to put off such an important task when there’s no immediate need. However, delaying can have serious consequences, especially if an unexpected event occurs before you’ve had a chance to make your wishes known.

The Consequences of Not Having a Will

Without a will, your estate will be distributed according to Scotland’s intestacy laws, which may not reflect your wishes. This could lead to:

– Unintended beneficiaries: Your assets might go to distant relatives or be distributed in a way you wouldn’t have chosen.

– Family disputes: Ambiguity over who should inherit what can lead to disagreements and even legal battles among your loved ones.

– Increased stress for your family: Without a Will, your family will have to navigate the legal system and additional legal steps for intestate estates during an already difficult time, which can add to their emotional and financial burden.

Taking the First Step

Making a Will doesn’t have to be a daunting task. By taking the time to think about your wishes and seek appropriate advice, you can create a document that provides peace of mind for you and security for your loved ones.

If you’re among the 69% of Scots who haven’t yet made a Will, now is the time to take action. It’s a small step that can make a world of difference in ensuring your wishes are honoured and your family is protected.

Final Thoughts

Making a Will is one of the most important things you can do for yourself and your loved ones. It’s not just about who gets your money or possessions—it’s about making sure that your wishes are fulfilled, and your family is taken care of. Don’t wait until it’s too late. Take control of your future and protect those you care about by making a Will today.