Thompsons Scotland Online Wills Form

A Will is perhaps the most important document you’ll ever sign. This is where you decide what happens to your possessions, your money and your property.

Please make sure you enter as much information as possible, and have postal addresses and full names handy as you complete this form.

1. Information about you:

Please provide the information in the required fields.

2. Union affiliation:

Please provide the information in the required fields.

3. Your family circumstances (please tick the appropriate box)

Please answer the questions below:

Please provide the details for each child.

Please provide the details for each grandchildren.

PLEASE NOTE:- In terms of Scots law, you cannot disinherit a spouse or children. Regardless of whether or not you make a Will, a spouse and children are entitled to what are known as Legal Rights upon your estate. This right is to a fixed portion of your net moveable estate. If you have a surviving spouse, the spouse is entitled to 1/3rd and children to 1/3rd (amongst them). If there is no surviving spouse, the children are entitled to ½ (amongst them). They can choose to claim their Legal Rights or their entitlement under the Will – they cannot have both. By completion of this form and the preparation of a free online Will, Thompsons solicitors does not accept any responsibility arising out of any claim made by a spouse or child/grandchild in your estate in relation to Legal Rights. You hereby confirm and accept that you have neither sought nor received any advice in respect of Legal Rights affecting your estate.

4. Details of your spouse/civil partner/patner:

Please provide the information in the required fields.

5. The Executors of your estate:

We advise clients to have at least two Executors, either one whom failing the other or both acting together (and the survivor of them). This is to ensure that there is another appointed Executor there to act in the event that your principal Executor becomes unable to act. The Executors can be anyone that you wish and they have responsibility for ensuring your estate is administered in accordance with the terms of your Will.

Full Legal Name of Executor
 

6. Specific/pecuniary legacies:

You can leave sums of money to individuals and/or gifts of specific items to individuals. You can also leave money to charity. This money will be deducted from your estate before the residue (the remainder of your estate after all debts and liabilities have been discharged) is distributed to your residuary beneficiaries.

7. Residuary Beneficiaries:

This is the person or persons you wish to inherit your entire estate, being the balance remaining after deduction of all debts, expenses, professional fees, tax and any legacies (cash or gift) you have made.

8. Beneficiaries aged 16 or under:

The Law in Scotland allows for any beneficiary who is aged 16 or over to claim their inheritance. Many people feel that 16 is too young to inherit, particularly if there are large sums of money or property involved. It is possible to place inheritance in Trust for children with guidance to your Executors as to what age you think it appropriate for them to inherit. This can be any age you deem appropriate, but the most commonly applied ages are 18, 21 or 25. Your Executors would have powers to release money to pay educational fees and anything that is reasonably required to assist the beneficiary until they reach the age where they can take full control of their inheritance. Children under 16 cannot claim their inheritance on their own. Trust provisions can be put in place for them as well. However, you can also be satisfied with the receipt of the parent or Guardian of that beneficiary.

9. Guardians:

If you have children, you can put provision in your Will for who you would wish to look after them in the event of the worst case scenario of your spouse/partner predeceasing you and you then dying or both of you dying at the same time, before the children are 16. Please give careful consideration to whether or not you wish to provide for this in your Will and, if you do, who the Guardian or Guardians are to be.

10. Funeral Instructions

There is no requirement to include funeral instructions within your Will. They act as a guide to your Executors only and are not legally binding.

By completing this form, you hereby acknowledge and accept that you have neither sought nor received legal advice in respect of the preparation of your Will or its suitability for your circumstances. This platform is operated by Thompsons solicitors and will automatically generate a pro forma Will based on the information provided by you.

Please note, you must sign your Will at the bottom of each page to be formally valid.

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