When thinking about their will most people have an idea of what they want to happen but sometimes it’s not always as straightforward as leaving everything to direct family. Crafting a will is more than just writing down your wishes; it needs to be carefully structured to ensure it stands up legally to Scottish Law and accurately reflects your intentions, especially when complexities and unique questions are involved. That’s where a solicitor’s expertise comes in.
Don’t Forget Fido
Although Fido can’t be a named beneficiary of your Estate, there are things you can do when writing your will to ensure care for your pets.
Securing their future by appointing a trusted caretaker and leave funds specifically for your pet’s care, either through a simple provision in your will or by setting up a pet trust. A trust ensures money is managed by a trustee, guaranteeing your pet’s needs are met. For those who just want to support a charity, leaving your estate to a pet charity like Blue Cross or local rescues such as Borders Pet Rescue in Earlston or Berwick Animal Rescue Kennels are a great option. They provide long-term care or rehome pets if owners pass away, ensuring your furry friend is safe and loved.
Excluding Children from Your Will
Estranged from your children or wish to leave your estate to someone else? In Scotland, disinheriting a child isn’t as simple as it may seem. Due to legal rights, children have a claim to either one-third or one-half of your moveable estate (cash, investments, personal belongings) even if you exclude them from the will. While you can’t fully disinherit them, you can reduce their claim by investing in property and leaving property or setting up trusts for other beneficiaries.
Unsure Who to Leave Your Estate to?
If you don’t have children or close family, deciding on who should inherit your estate can be challenging. Many people choose to leave their assets to charities. Charities like Patch in the Scottish Borders, Shelter Scotland or The Scottish Borders Donkey Sanctuary are fantastic charities to support.
Now for something completely different…
Scottish law allows quirky bequests, like leaving specific items to unusual beneficiaries (e.g., leaving a collection of books to a local library or a prized bottle of whisky to a friend). You can set conditions for inheritance, like requiring a beneficiary to complete a task before they receive their share. For example, stipulating that a beneficiary must marry, finish education, or stop smoking. As long as the bequest is clear, lawful and not immoral most requests are honoured.
Get Expert Help
Navigating unusual will requests can be tricky, so consulting with experienced solicitors like Hastings Legals is essential. Whether your wishes are simple or more detailed, our solicitors can help craft a will that reflects your unique wishes and stands up in court. With the right planning, you can ensure your estate is handled exactly as you envision. Call our team on 01573 225999 to arrange a free will checking appointment and start the conversation today.
Hastings Legal specialise in providing friendly legal and property advice.
We recommend that every adult should have in place an up-to-date Will and a Power of Attorney.We are regulated by the Law Society of Scotland so you can be sure that we have your best interests at heart.
Hastings Legal have offices in Kelso, Duns, Coldstream, Eyemouth, Selkirk and Jedburgh.
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