No one likes having to think about a time when they won’t be here. But making a Will is the only way to make sure your property and belongings go to the people you want them to.

The law does not require you to have a Will. 

However, if you die without a valid Will, you will be considered to have died intestate and your estate will be distributed according to the rules of Scots law – rather than according to your wishes.

What Should I Put in My Will?

A Will should give your surviving family members and loved ones a detailed guide on what you want to happen with your estate after you die. 

It is vital that your Will refers to every piece of property that you own: 

• your home
• your assets (shares, business interests etc.)
• personal items (photographs, clothing etc.)
• furniture
• antiques
• other valuables. 

A Will can either:

• deal with an estate as a whole, or
• divide it up and mention all of the items individually.

If any part of your estate is not covered in your Will, it may not end up being handled or distributed as you would have wanted. For example, you may have told certain family members or friends that you wanted them to have a piece of your property when you die. But if those wishes have not been recorded as part of your Will, there are no guarantees your wishes will be followed.

Choosing an Executor

It’s very important to decide who is to have responsibility for carrying out your wishes. This person is known as your ‘Executor’. 

You have complete freedom to decide who to give this role to. But you should make sure this person understands the nature of the role. 

The Executor will be legally responsible for ensuring your wishes are honoured. Their responsibilities will also include dealing with any debts or financial obligations that your estate has, e.g. payment of tax and funeral expenses.

Contact our Will Solicitors in Inverness, Highlands, Scotland

Innes & Mackay has many years of experience drafting Wills for the communities of Inverness and the surrounding areas. 

We work closely with clients to ensure their wishes are accurately, thoroughly and validly recorded. Our aim is to provide you with peace of mind that your estate will be distributed in the way you intend.

For advice on ensuring your wishes are accurately recorded, call us on 01463 232273 or send us an email.