Legal Rights are a distinctive feature of Scots Law designed to protect spouses and children from disinheritance. Recently we have seen an increasing number of queries relating to Legal Rights by those who wish to disinherit their spouses/children for a variety of reasons.
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Latest Making a Will articles
Thinking about your Will is not always at the forefront of your mind when getting married and starting a new chapter of your life but, while it is hoped that the honeymoon period lasts forever, there remain important decisions to be made.
A recent case in England has again highlighted why it is important to record your wishes clearly in your Will to avoid a family dispute - which could end in a costly court battle.
Although the signing and lodging of many court and tribunal documents can now be done electronically, commissary documents (including applications for Confirmation and petitions for the appointment of Executors) are excluded.
It is possible to change a Will after someone dies, subject to a number of conditions being met. You can change the distribution of a person's estate after their death regardless of whether or not there is a Will in place. The legal process is relatively simple and usually straightforward. The change is recorded in a document known as a "Deed of Variation" (sometimes referred to as a "Deed of Family Arrangement").