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How The Grinch Stole Your Loved Ones Inheritance

December 17, 2021 Wills, Executry & Probate

If you die without a legally valid Will, the law imposes its own rules of Intestacy. Not only does this risk relatives or others inheriting in an unintended way, it can cause unnecessary distress and cost for those you leave behind.

A Will is an important document for all adults to have regardless of their health, age or possessions. Much like how the Christmas spirit saved the Grinch, a Will can ensure your assets are inherited in the way you intended.

A Will enables you to appoint your intended person (or persons), known as an Executor, to deal with the distribution of your estate after your death. A Will also include instructions for your funeral and what should happen to your estate when you pass away and who should benefit from this.

When an individual dies intestate, the Law of Intestacy in Scotland sets out the Rights of Succession or the order in which the spouse and descendants are to inherit from the estate. The order set out in the law may not reflect your wishes and unintended persons may be able to inherit from your estate.

The Law of Intestacy offers no protection for unmarried partners. Thus, if you do not have a will, your partner will be unprotected from disinheritance may leave them in serious financial difficulty.

If you are a parent with minor children then it is particularly important that you have a Will to appoint a legal guardian in the event of your death.

Intestate estates can be complex and often take longer and are more costly to wind up as a petition must be made to the Court to appoint an Executor of the estate.

A common excuse for not having a Will is the cost of having a Will drafted. It is possible to draft a Will yourself. However, you may not satisfy formal requirements to ensure the Will is legally valid which runs the risk of your estate falling intestate. Therefore, we recommend that you appoint a Solicitor to give your loved ones the gift of peace of mind this Christmas.

At Jones Whyte we offer affordable prices and can draft the Will for you. This will take away the stress of doing this yourself and give your family clarity about your wishes after your death. Contact us now on 0141 736 0030 or via the to speak to one of our friendly advisors and book an appointment.

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