Dying without a Will
Making a Will is the best way of ensuring that your assets will be dealt with as you want after your death. If you die without a Will your assets will be divided up according to legal rules. Your assets may not necessarily go to those people you would choose yourself.
For example, under Scots law, a surviving spouse does not automatically inherit the whole of a deceased’s spouse’s assets. A Will is the best way of ensuring that the maximum can pass to a surviving spouse, subject to the legal rights of children to inherit a share. A Will is also the best method of ensuring financial provision for children. Importantly, a guardian can be appointed to be responsible for the care and welfare of children until they reach 16.
Dying without a Will also means that someone will have to go to court to appoint executors to administer your estate. This can lead to extra delay and cost for your family at an already difficult time.