Willmaker

A Will can consist of a few lines only, or can run to several pages. However, the various styles of Will provided for on this site will cover most of the situations which commonly arise.
If you own any assets outside Scotland, again you should ask us for specific advice.

If you want specific Inheritance Tax advice you should contact us separately about that.

A will is only a temporary document, can be altered at any time and should be reviewed regularly. Please remember that your Will can be tailored to your particular requirements. If you find that none of the styles suits your circumstances or if you have difficulty with any of the instructions, please phone :-
Campbell Watson or Lorna Miller on 01577 862405

One beneficiary only.

Where you intend to leave everything to one single person. You can also appoint him or her to be your Executor, or some other person.
Will Style 1

Legacies to named people and residue to others

Where you want to leave specified items of property to specific people or sums of money to named people or charities; everything that remains (the residue) then goes to one or more named people or organisations in specified proportions.
Will Style 2

Whole estate to your spouse/partner whom failing equally to your adult children

Where there is one person, your husband/wife or partner to whom you wish to leave your whole property; but going on to say that if that person should die before you, or with you, all your property will be divided equally amongst your children. If one or more of your children are still young, see style 4.
Will Style 3

Whole estate to our spouse/partner whom failing, in trust for your children

Where there is one person, your husband/wife or partner to whom you wish to leave your whole property; but going on to say that if that person should die before or with you, all your property will be divided equally amongst your children: But if any of the children are under 21 years of age, their share will be held in trust for them by Trustees until they reach that age. The Trustees will have a discretion to pay income from the trust or part of the capital to the children or the people actually looking after them before they reach the age of 21. This is useful in that it avoids young adults receiving large sums of capital at an age where they may not spend it wisely, yet allows them to receive part of it, if appropriate, to pay for further education. You should be aware though that holding money in trust for children beyond the age of 18 can incur a slight charge to Inheritance Tax. Please contact us for further advice on this if needed.
Will Style 4

Whole Estate to spouse/partner, whom failing to your children but reserving part for a handicapped child who cannot manage his or her own affairs.

This is useful where one child will require to have someone look after his/her affairs for the rest of his/her life. If there is more than one child the will can be adapted accordingly. The Will will specify that your whole property will transfer to husband/wife or partner; but in the event of that person dying before you, or with you, part of your property will be put into trust for your handicapped child and the other part will go to your other children. If you only have one child, and that child is handicapped, specify that 100% of your estate will go to him/her. You will then say what is to happen to the share of the estate which was put into trust for that handicapped child when he or she dies.
Will Style 5

Exempt amount for Inheritance Tax to children, residue to spouse/partner, whom failing to your children

The intention here is to utilise the nil rate band for Inheritance Tax by passing that sum to your children on the first of you to die. The children need to be adults and the sum can be held in trust for them. This effects an important saving in Inheritance Tax. Everything else goes to your spouse/partner whom failing to the children.
Will Style 6

Discretionary Trust to utilise the exempt amount for Interitance Tax, residue to spouse/partner, whom failing to your children.

An amount equivalent to the nil rate band for Interitance Tax is placed in a trust fund. Your spouse/partner and children can be beneficiaries so your spouse/partner can still have access to the funds should they be needed. Then everything else goes to the surviving spouse/partner, whom failing the children. This Will effects an important saving in Inheritance Tax. Note though that if you and your spouse/partner are both making these Wills you both need to have sufficient assests in your estates to fund the nil rate band trusts. Often the largest single asset is the family home the Title to which passes to the survivor automatically and without going through the Will. This might need to be checked and altered.
Will Style 7