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A recent YouGov survey has found that 23% of women and 19% of men are now more likely to create a Will. However, it also showed that 59% of adults do not have a valid Will and around 75% of those surveyed have little knowledge of what would happen to their estate if they die before executing their Will. Here is some insight into what that means.
Many people may have notions about Wills and who is entitled to their estate which aren't necessarily true. Here, we look at a few common misconceptions.
If you die without leaving a Will and you have a partner to whom you are not married or in a civil partnership with, they will not be automatically entitled to any part of your estate. If you have no Will however, they can apply to the court to ask them to consider a discretionary financial award under the current legislation.
The rules of who inherits an estate may not reflect the wishes of the deceased which is why it is vital to ensure that your Will is valid and your estate is distributed as you wish and not by legislation.
A Court of Protection Judge ruled last week that an email sent four years ago was a "significant" record of a woman's views on being kept alive, and was valid as a 'Living Will' setting out how she wished to be treated medically in the future. Would this apply in Scotland?