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Wills

Writing a Will and planning for the future can be relatively simple, but unfortunately many people do not leave a Will, which can mean their wishes for how their assets are distributed will not be in accordance with their wishes. Leaving a Will can give you certainty in the knowledge that your loved ones will be provided for, and with careful planning it can also help to avoid huge inheritance tax payments, and can cover other areas such as how your children should be looked after, and funeral plans and any wishes to bequeath money or property to charity.

Wills in Glasgow, Edinburgh, Aberdeen and Dundee

Our specialist Wills and executry team are experts in their field, and can offer guidance and clarity in what can often be a complex process. We can assist you with any Will planning or estate issues including the following:

  • Writing a Will
  • Executry
  • Trusts
  • Intestacy/Probate (an Estate where there is no valid Will)

 

Making a Will 

You can make a Will in Scotland if you are over twelve years old and of sound mind. There are certain rules attached to making a Will, for example, it is not possible to make a Will that disinherits your spouse or descendants; the spouse or descendants will always be entitled to a share of moveable property from the estate (property other than land or houses). If you have a child after making your Will, and the Will does take the possibility of children into consideration, the Will may be held to be invalid.

Appointing an Executor

When drafting a Will, an Executor should be appointed. The Executor is responsible for dealing with assets of the estate, and their role includes:

  • Valuing the estate
  • Apply for authority to manage money/property of the estate (Grant of Confirmation)
  • Collecting all of the assets of the estate
  • Ensuring all debts and taxes are paid
  • Distributing the estate in accordance with the Will

Often team are named as executors, but anyone can act as executor for an estate, and usually family members are appointed as they are also beneficiaries of the Estate.

Keeping your Will Safe

It is important to keep your Will in a safe place. When you instruct our lawyer to write your Will, a copy of the Will is stored in a fire-proof safe.  This will give you the peace of mind in the knowledge that there will be no problems locating your Will when you die, or when you want to make amendments your Will.

Find specialist Wills in Scotland Today

Our team of Wills team are friendly and approachable, with many years of experience in the field. We can help you create a Will to suit your individual needs and can advise you on any estate administration issues. Find team now via our online contact form, or give us a call on 0808 278 0545.

Scotland has a vibrant property market, with hotspot areas such as the West End, Finnieston, Pollockshields, Milngavie, Partick, Dennistoun and Burnside fluctuating in value and popularity; this is where a lawyer with experience in the local area can be invaluable. We pride ourselves in our in-depth knowledge of the city, which we will use to your advantage.

We look after our clients every step of the way, making your success in the transaction our priority. We understand that sometimes things need to be dealt with quickly to make things happen for you, and will guide you through the entire process.

What does Conveyancing in Scotland Involve?

Conveyancing is the legal process of transferring property from one person to another, and involves many stages of negotiation and agreement. It concludes when the ‘missives’ of the transaction are signed. Missives are a collection of documents which have been agreed on by both parties that form the contract of sale. Searches are also carried out by conveyancing team to check everything is in order before the purchase.

The conveyancing process can take several weeks, and will only conclude when both team are in agreement with all the terms.

The following is a basic outline of what is involved in the conveyancing process:

  • Negotiating the terms of the contract, this will include the date of entry, and determining what is included in the sale e.g. white goods
  • Search checks on the title deeds and on the Land Register will need to be done to ensure the property belongs to the seller.
  • Conclusion of Missives, the letters which form the contract of sale
  • The buyer’s team will ensure the funds are in place to purchase the property, from the buyer or the buyer’s mortgage lender. These must be transferred to the seller’s lawyer on the date of entry
  • The seller’s lawyer must provide the buyer’s lawyer with the documents needed to transfer ownership of the property
  • Once the sale is complete, the buyer’s lawyer must register the buyer as the owner in the Land Register.

 

Find Conveyancing Lawyers in Scotland Today

Our friendly team of team deal with transactions throughout Scotland and the surrounding areas and are on hand to make your transaction as smooth as possible. To speak to one of our team about your plans for purchasing or selling, contact us today for a free, no obligation consultation via our online contact form, or give us a call on 0808 278 0545. 

We operate in Glasgow, Edinburgh, Aberdeen, Dundee, Paisley, East Kilbride, Livingston, Hamilton, Cumbernauld, Dunfermline, Kirkcaldy, Ayr, Perth, Inverness, Kilmarnock, Coatbridge, Greenock, Glenrothes, Airdrie, Stirling and Falkirk.

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