What Distinguishes Scottish Wills Online From Other Legal Companies?
1. Scottish Wills Online was developed by expert Solicitors with vast experience. Our documents contain advanced provisions that are not found in simple "do-it-yourself" kits or in other online Wills.
We constantly review our competitor's businesses and products to ensure that we continue to provide the best service and product available to the market. Frankly, no other online Wills available on the market provide features equal to those provided by Scottish Wills Online. That's simply a fact!
2. We strive to be the best legal Will service provider on the web. If you are not satisfied with our services for any reason, please contact us immediately and we will either correct the situation or provide a refund, your choice. We offer a 100% money back guarantee.
3. Unlike many of our competitors, Scottish Wills Online is managed by practicing and experienced Solicitors.
4. We provide you with a vast degree of information to educate you on what you need to consider when creating your Last Will & Testament.
5. Scottish Wills Online allows you to take control of your legal writing process without ever leaving your home or office. We're open 24 hours a day, 7 days a week.
6. With Scottish Wills Online, you can save hundreds of pounds off the rates a solicitor or other website would normally charge for preparing your Last Will and Testament.
7. The information you provide to us is kept private and confidential and NEVER sold or passed on to third parties. In addition, we ensure that all your personal and banking details are kept in a secure environment.
What Is A Will?
A Will is a legal document which records who you want your possessions to go to in the event of your death. In order for your Will to have legal effect the law lays down certain legal requirements in relation to the wording, witnessing and signing of Wills. These rules of law must be strictly observed in order to ensure that your Last Will becomes valid and your wishes under your Will are carried out.
Who Can Make a Will?
Basically anyone can make a Will in Scotland who has attained the age of 12 years or is or has been married and is of sound disposing mind.
Why should I make a Will?
You do not have to make a Will but it is sensible and prudent to do so as it ensures that you place yourself in a position to provide for the distribution of your property by means of a clear Legal Document. Your Will, which only speaks or takes effect when you die, ensures that your wishes with regard to providing for your family, relatives and friends are carried out. It allows you to provide for the special needs of family members and furthermore it can also be used with proper advice as a Tax planning opportunity.
If you were to pass away without making a Will the rules of intestacy would apply to determine the distribution of your property. This may not be in accordance with how you would like your property divided and can often lead to situations where your family and friends don't receive the benefits that you had always intended them to receive.
It is perhaps just as bad to leave a home-made Will, which runs the risk of not making sense or not being validly signed and witnessed according to the legal requirements, as to leave no Will at all. In even the simplest of situations it is only too easy to be vague and leave room for doubt or misinterpretation. Therefore it is essential that you should take due care in creating your Will so that your true intentions are achieved within a valid Will.
When do I need to make my Will?
The simple answer is now! No matter how young or old you are, you will undoubtedly have some valuable or sentimental possessions which you would like to give to certain people. In order to ensure that your wishes are carried out, you must make a record of them in a Will. If you fail to make a Will, the laws of intestacy will dictate how your possessions are divided, and you wishes will not be taken into account.
Furthermore, you will ensure that the difficulties for your family associated with the winding up of your affairs will be minimized during this difficult period of time.
What if I don't make a Will?
If your estate, being everything you are legally entitled to at the time of your death, is worth £17,000 or more then your next of kin will have to apply to the Courts to obtain a grant of "letters of administration". This is the legal document required by your next of kin in order to distribute your estate in accordance with the rules of intestacy as set out in the Succession Act.
What should I do once I decide to make a Will?
The first thing to do is make a full list of all your assets and liabilities. (For a Sample list click here). Secondly, and most importantly, you should carefully choose the persons whom you wish to act as executors of your Will. Finally, you need to decide whom you would like to benefit under your Will. You will need to consider the age, position in life, financial means etc. of the proposed beneficiaries.
Is the Scottish Wills Online service suitable for you?
Although the Wills produced by Scottish Wills Online are applicable for most cases, there are circumstances where it is advisable to seek specific legal advice. In particular:
- - If you are involved in a matrimonial dispute, or wish to disinherit your spouse or children;
- - If you have a history of mental illness, or the question of your mental capacity may be raised in objection to the statements in the Will;
- - If you own personal property or real estate in multiple countries;
- - If you have complicated business investments; and
- - If you have a large, complex estate and feel that you would benefit from some advice on estate planning and tax reduction.
The above is not an exhaustive list, and if you have any concerns you should consult with a Solicitor.
Who should be my Executor?
This is an extremely important decision since the Office of Executor is gratuitous and the duties imposed on an Executor can be varied and sometimes onerous. Appointing a second Executor is desirable since it covers a situation where one of the Executors dies. It is important that the Executor knows as much as possible about the Deceased's affairs since without adequate knowledge assets can go untraced with the result that the Estate is depleted with ultimate loss to the Beneficiaries. A person will often make a close family Member an Executor since such a person is likely to have a very detailed and intimate knowledge of the Deceased's affairs. Many people also appoint their Solicitor as a second Executor since the Solicitor will also often have information on the Deceased's affairs and will be able to render good advice to the other Executor and assist in the processing of the Grant of Probate.
A Beneficiary can be and often is appointed as an Executor. A Beneficiary, however, should never be a Witness to a Will since being a Witness can invalidate the Gift. Persons to be chosen as Executors, therefore, should be trustworthy and capable and you should have confidence in their ability to carry out your wishes as expressed in your Will. They should also have a thorough knowledge of your affairs. Where a Will gives a Gift to a person under the age of 18 years then Trustees should be appointed to hold the Gift for the person in question until he/she attains full age or such age as is designated in the Will. Executors and Trustees can be the same persons. In other words you can appoint the same two persons to act both as Executors and Trustees.
It is important to bare in mind that where a professional such as a solicitor, lawyer, accountant or banker acts as executor in the administration of your estate, your estate may be liable to discharge any professional fees arising from their appointment.
Should I appoint Guardians to my infant children?
If you have children under the age of eighteen (18) years then you should appoint a guardian.
What if I own property abroad?
As more and more nationals invest in foreign property it has become increasingly important to take account of these foreign assets in the preparation of Wills. Generally, your foreign property will be subject to the laws of the country in which the property is situated. As such it becomes necessary to execute a Will in that country in order to record your wishes in relation to the foreign property.
In order to avoid any new Will revoking a Will made in a foreign jurisdiction it is necessary to insert a clause to the effect that the Will in question does not relate to any property held outside this jurisdiction.
There are various taxation systems in existence in other countries and it is highly advisable to seek the advice of a national lawyer in the country in which the foreign assets are held. ( Click here to see an article in relation to Spanish property).
How do I ensure that a Will I make on Scottish Wills Online is made legal?
In order to ensure that a Will made on this website becomes a legal document, you need to first print it, read it thoroughly and sign your Will in the presence of at least two witnesses, and these witnesses must also sign the Will, in your presence and in the presence of each other. You and the witnesses should also initial each page, so that it is not possible to alter any pages after the Will has been signed. For more information about this procedure please click here.
How often should I review my Will?
Once you have made a Will it would be prudent to review it every three years of so. This is because your own personal circumstances are always changing and you need to take account of the changes in your Will. Also, you should bear in mind that marriage or the birth of a child can severely alter the legal position or validity of your Will.
It is not necessary to revoke your Will in order to record a change of intention. A simple document known as a Codicil can be executed which will record any alteration without the need to change your existing Will.
Where should I keep my Will?
It is imperative that your Will be kept in a safe place, and where possible in a safe. Your executors should be provided with details of its whereabouts so that it can be easily located in the event of your death.
Do you offer legal advice?
We are not a law firm. We do not offer legal advice. If your situation is complex, or you have any questions regarding your Will, we strongly recommend that you talk to a practicing solicitor in your area.
How much will my personal Will cost?
The cost of producing your Will remains quite modest considering the professional skills involved in the preparation of this legal document. The cost of your Will is fixed at £27.95.
What if I am not satisfied with my purchase or don't receive my Will?
Firstly, if you experience any problems with this service, please feel free to contact us directly.
Secondly, we offer a 100% Money-Back Guarantee. There's absolutely no risk on your part. If you are not satisfied with your Last Will and Testament for any reason whatsoever, simply email us and we'll gladly give you a 100% refund. You don't even need to tell us why you aren't satisfied with your Will, though it would be helpful to us in ensuring that we continue to provide a first class service to my many present and future customers.
Is my credit card information safe?
Absolutely. Your credit card information is only used for purchases and it is never stored by us. Furthermore, all credit card purchases are through a secure Sec Pay gateway that protects all of your transaction details by powerful encryption technology. This makes doing business over the Internet as secure as purchasing by telephone or handing your credit card in a shop.
How can I get more information?
If you require any additional information, please Contact Us.
This information is based on our understanding of current law which may be subject to change in the future. The information in this website does not constitute legal advice. You should obtain the advice of a professional advisor before relying on any information contained in this website.
Nothing appearing on this page or in this website shall constitute legal advice. Appropriate legal advice should be obtained from a Solicitor in respect of any information contained on this website before using or relying on such information.