In Scotland, Wills are not revoked by marriage.
Scots Law makes certain provisions for a spouse and children to make claims for Legal
Rights. These are rights that exist even where there is a Will. Legal Rights are
claimed from relatively few estates, but they can cause difficulties. When we advise
you on your Will, we can identify exactly what claims might be made, and how they
are best dealt with.
Assets and Debts
If you would like to tell us about your assets and debts we will then be able to
tell you whether a tax planning Will might be more suitable to help save inheritance
tax on your death. If you don't complete this section we will assume you do not
wish to receive advice in relation to this.
Please provide approximate values for each:
These are not strictly necessary, but your Will is a convenient place to state your
wishes. You can simply say you wish to be buried or cremated or you can give more
You should appoint executor/s who will collect in your estate, pay your debts and
legacies and distribute the remainder in accordance with your wishes. It is best
to appoint at least two executors and your spouse/partner can be nominated. You
can also appoint substitute executors to act only if one of the named executors
You can make a legacy of a specific item to anyone. These gifts can be anything
in your estate. However, it is important that you describe the object precisely.
For instance, it is no good leaving someone your car if when you die you have two
cars. It will not be known which one you mean, and a dispute can arise. Fuller descriptions
- e.g. 'X registration blue Landrover' would help. You can also leave specific items
(such as jewellery or cars) to named beneficiaries.
You can leave amounts of money to named beneficiaries.
The bequest of residue of your estate is what is left after your debts and legacies
have been paid. A bequest of residue often takes the form of spouses/partners leaving
all their assets to each other on the death of the first to die and then to their
children on the death of the second to die. You may also wish to include a default
beneficiary in case both of you die leaving no children or grandchildren. Please
insert details of the beneficiaries you wish to benefit:
Thank you for completing this questionnaire. After reading through it, we will come
back to you with any queries which need to be resolved before we can prepare a draft
Will for you. We will review your financial situation and make suggestions as to
how your Will could be drafted so as to be as inheritance tax efficient as possible,
if this seems appropriate on the information you have provided us.
Continuing and Welfare Powers of Attorney
Other Relevant Information
The information you provide in this form will be treated in the strictest confidence
and will not be passed to any organisation beyond Blackadders.