What a will is
A will is a legal document that explains what should happen to your estate after you die. Your estate is your money, property and possessions.
You can create a will in Scotland if you’re 12 years old or older are able to understand and make decisions about your will.
A will can help reduce the amount of Inheritance Tax your estate may have to pay.
If you live with a partner but you're not married or in a civil partnership, they will not automatically inherit from your estate. To make sure they inherit, you need to include them in your will.
If you die without a will, the law will decide who inherits from your estate. This may not reflect your wishes.
What a will can include
You can use a will to explain:
- who will manage your estate and carry out your wishes after your death – this person is your executor
- who you want to leave your estate to
- what happens if the people you leave your estate to die before you
- who will look after any children under 16
Legal rights of spouses, civil partners and children
In Scotland, your spouse, civil partner and children can claim a fixed share from part of your estate, even if you leave them nothing in your will. This is known as their ‘legal rights’.
These rights apply to your moveable property.
Moveable property includes:
- jewellery and personal belongings
- money and savings
- investments
- furniture
- cars
Legal rights do not apply to land or buildings, including a family home.