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Will & Testament is a key aspect of law in Glasgow, UK. Essentially, it involves the creation of a legal document, the Will, setting out how your estate - which can include property, money and personal possessions - should be distributed after your death. Without a Will, your estate will be divided according to the laws of intestacy, which may not align with your wishes. A testament, on the other hand, enables you to appoint an executor to manage your estate and carry out the terms of your Will.
Although it is possible to draft a Will without a lawyer, this can lead to potential legal pitfalls. If a Will isn't written properly, it may be invalid or certain clauses might not be enforced. You may need legal help when you have a large estate, when the process involves complex issues like tax planning, or if there are potential disagreements among the beneficiaries. Additionally, if you need to set up trusts or involve international assets, a lawyer's expertise is crucial.
In Glasgow, UK, like the rest of Scotland, the law requires that a Will must be in writing, signed at the end by the person making it (the testator), and witnessed by another individual. Witnesses should not benefit from the Will or they risk losing their inheritance. Importantly, marriage, divorce or dissolution of a civil partnership can alter the validity of a Will. The age of testamentary capacity is 12 years in Scotland, younger than in other parts of the UK.
While it is possible to write a will yourself, having a lawyer ensures that the Will is valid and all legal issues are properly addressed.
If you die without a Will, your estate will be divided according to the laws of intestacy. This might not necessarily align with your wishes and could cause unnecessary difficulty and distress for your loved ones.
You should revise your Will whenever there are significant changes in your life, such as marriage, divorce, the birth of a child, or the acquisition of substantial assets.
Yes, you can leave your whole estate or part of it to a charity in your Will. This is known as a charitable legacy and can reduce the amount of inheritance tax due on your estate.
Yes, a Will can be contested if, for example, it’s believed the person lacked the mental capacity at the time of making the Will, or if there's evidence they were coerced into making the Will.
The Law Society of Scotland and the Citizens Advice Bureau are both helpful resources for those seeking more information or needing to find a lawyer in Glasgow. The Scottish Court Service can also provide guidance and clarification on local laws concerning Wills and Testaments.
If you require legal assistance with a Will & Testament, the best course of action is to consult with a lawyer who specializes in the field. Gathering key documents and information regarding your assets, along with clear instructions on how you want your estate to be distributed, will make the process more efficient.
