Family Law Blog
Can You Write Your Own Will in Scotland?
Yes, you can write your own will in Scotland. There is no general rule saying that a solicitor must prepare your will. But there is a big difference between writing something down that says who you want to inherit and preparing a legally valid will that works as intended after your death. That difference matters….
What Makes a Will Legally Valid in Scotland? A Guide to Scottish Wills and Legal Rights
Making a will can feel like one of those jobs that is easy to put off. There may be a house to think about, savings, family arrangements, children, business interests or simply the question of who should deal with everything after your death. Yet a will only works as intended if it has been made…
Where Should You Store Your Original Will in Scotland?
Knowing where to store your original will may seem like a small detail after you have finished your will-writing, but it can make a significant difference later. Your family and your executor need to know where the signed document is kept, particularly when they have to deal with your estate after your death. For most…
Can You Change Your Will Without Making a New One? Understanding Codicils in Scotland
A will does not always need to be completely rewritten just because something has changed. In Scotland, a codicil can be used to make certain changes to an existing will without rewriting the whole document. This can be useful where you want to update a beneficiary, change an executor or deal with another specific amendment….
Power of Attorney and Your Will in Scotland: Why You Probably Need Both
A power of attorney and a will do two very different jobs, but people mix them up more often than you’d think. A will only takes effect after you die. A power of attorney, on the other hand, works while you’re still alive but no longer able to make decisions for yourself, whether that’s because…
Can an Executor Be Removed in Scotland? What You Need to Know Before Taking Court Action
If you’re dealing with an executor who isn’t administering an estate properly, you may be wondering whether it’s actually possible to remove them. The short answer is yes – but in Scotland, removing an executor is not something the courts do lightly. There’s a genuine legal process behind it, a fairly high bar to clear,…
What Happens to Debt When Someone Dies in Scotland? A Practical Guide to Estates, Executors and Liability
Losing someone close to you is hard enough without having to think about outstanding bills, credit cards or a mortgage still sitting on the kitchen table. But in the weeks after a death in Scotland, someone usually has to work out what debts the deceased person owed, whether the estate can cover them, and who…
Executor or Beneficiary? What Death in Scotland Actually Means for Your Role in a Will
When someone dies in Scotland, two words tend to come up almost immediately, and they get muddled more often than you’d think: executor and beneficiary. People sometimes assume the two are interchangeable, or that being named in a will automatically makes you responsible for sorting everything out. That’s not quite right, and getting it wrong…
Can You Distribute an Estate Before Probate or Confirmation Is Granted?
When someone dies, families often want to deal with their affairs quickly. Bills need to be paid, property may need to be secured, and beneficiaries naturally want to know when they will receive their inheritance. But in Scotland, an executor does not simply take control of everything and distribute the estate straight away. Confirmation gives…
What Is a Will and Why Every Adult in Scotland Should Have One?
If you asked ten people in Glasgow whether they have a will, most would probably admit they’ve been meaning to get round to it. It’s one of those jobs that sits quietly at the bottom of the to-do list, usually because nobody likes thinking about their own mortality, and because “sorting out a will” sounds…
How Long Does Confirmation Take in Scotland? What Executors Need to Know
If you’ve recently lost someone close to you and found yourself named as an executor, the word “confirmation” has probably come up more than once in the last few weeks – usually from a bank, a solicitor, or a well-meaning relative who isn’t quite sure what it means either. Confirmation in Scotland is the legal…
What Happens to a Joint Bank Account When Someone Dies in Scotland?
Losing someone is hard enough without having to think about paperwork, banks and legal terminology in the days that follow. But one question tends to come up quickly, often within the first week: what actually happens to a joint bank account when one of the account holders dies? It’s a fair question, and the answer…
Can an Estate Be Finalised If There’s a Family Dispute in Scotland? A Guide to Contesting a Will in Scotland
Losing someone close to you is hard enough without a family disagreement breaking out over what happens next. But it does happen, more often than people expect, and when it does, one question tends to come up early: can the estate still be finalised while the dispute is going on, or does everything grind to…
Do All Estates Need Confirmation in Scotland? A Practical Guide for Executors
When someone dies in Scotland, one of the first questions their family often asks is whether they need confirmation before they can deal with the estate. It’s a fair question, and the honest answer is: it depends. Not every estate in Scotland requires a grant of confirmation, but many do, and getting this wrong can…
What Are the Steps to Winding Up an Estate in Scotland? A Practical Guide from Family Lawyers Glasgow
Losing someone close to you is hard enough without having to work out how to wind up an estate in Scotland at the same time. Yet that is exactly the position most executors find themselves in, often within days of a death. This article walks through what’s actually involved – from confirmation through to distributing…
How Often Should You Update Your Will in Scotland? A Solicitor’s Guide
Most people write a will, tuck it away in a drawer, and never think about it again. That’s understandable – nobody enjoys dwelling on end-of-life planning – but it’s also one of the more common mistakes we see at Family Lawyers Glasgow. Life moves on. You marry, have children, buy a house, lose someone close…
The Biggest Mistakes People Make When Writing a Will (And How a Solicitor Can Help You Avoid Them)
When it comes to writing a will, most people put it off far longer than they mean to. Life gets busy, the subject feels a bit morbid, and there’s a common assumption that a will is something you sort out “later.” The trouble is, later often arrives without warning. A will is one of the…
Single Wills vs Mirror Wills in Scotland: Understanding the Key Differences
If you’re married, in a civil partnership, or simply sharing a life with someone, one of the first questions that comes up when you start thinking about wills is whether you should each have your own, or write one together. It sounds like a small decision. It isn’t, really. The choice between single wills and…
Can Making a Will Reduce Your Inheritance Tax Bill in Scotland?
If you’ve ever sat down and tried to work out what inheritance tax actually means for your family, you’ll know it isn’t the most straightforward area of law. Clients come to us at Family Lawyers Glasgow with the same question in different words: will making a will actually reduce inheritance tax, or is it just…
What Happens If an Executor Cannot or Will Not Act After a Death in Scotland?
When someone dies in Scotland, most families assume the executor named in the will simply gets on with things. In practice, that isn’t always what happens. An executor might be unwell, living abroad, overwhelmed by grief, or quietly reluctant to take on the responsibility at all. Sometimes there’s more than one executor, and they can’t…
When and How Are Beneficiaries Paid From an Estate in Scotland?
Losing someone close to you is hard enough without having to untangle the legal and financial aspects. Yet almost every family in Scotland ends up asking the same question sooner or later: when will the money actually reach the people who are due to inherit? It’s a fair question, and honestly, one that doesn’t always…
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