Writing a will gives you control over what happens to your property (or estate) after you die. This means you can choose the family members, friends, organisations and any other individuals or bodies that you want to benefit from your estate. It is an important part of planning for your future, and the Wills and Executries Lawyers at BuchananBurton are on hand to help you create a valid Will that achieves your wishes. Contact us today to discuss your Will requirements.
At BuchananBurton, we also assist people who have the responsibility of dealing with someone’s estate after they have died. If you have been appointed as an Executor, this can be a challenging time – not only are you dealing with the death of a loved one but also the responsibility of managing their estate in accordance with their wishes. We will provide you with sensitive, pragmatic advice so you can deal with your responsibilities as an Executor quickly and effectively.
Our very experienced Wills and Executries Team can provide you with practical and cost-effective legal advice and services on the following:-
Drafting a Will
The expert solicitors at BuchananBurton will help you draft your Will to ensure it is legal and enforceable. If your Will does not meet any of the following requirements it will have no effect:
- you must be aged 18 or over;
- the Will must be voluntary;
- you must be of sound mind;
- the Will must be in writing;
- the Will must be signed in the presence of two witnesses aged over 18; and
- the Will must be signed by two witnesses aged over 18.
Your Will should deal with the full extent of your estate. This includes not just your home and savings, but any investments you might have, or anything with sentimental value that you might want to pass on to others. It is important that all Wills are drafted with the support of legal professionals. If they are not drafted properly this can cause confusion and stress for your Executors and Beneficiaries. It is particularly important that you seek legal advice if:
- you share property with someone who is not your marital or civil partner;
- you want to leave property to someone who cannot care for themselves;
- you have several family members who may make claims on your Will;
- your permanent home is outside of the UK;
- you have overseas property; or
- you own a business.
Reviewing your Will
The earlier in life that you draw up a Will, the more important it becomes to consistently review it and make sure it is up to date. We recommend reviewing your Will every five years in case it needs updating. This is to incorporate and make allowances for any number of new developments, including:
- new children, relatives or friends entering the picture;
- you acquire more assets, or come into some money;
- you divorce or your partner passes away; or
- you simply change your mind.
Contact BuchananBurton today and we can help you get your affairs in order and ensure you have not left anything, or anyone, out of your arrangements.
Advising Executors
Executry is the process of dealing with and distributing someone’s property after they die. If you have been appointed as an Executor, the dedicated solicitors at BuchananBurton are here to help and advise you through every step of the process.
Your responsibilities as Executor include gathering all the assets and debts in the estate and preparing an inventory, paying for the funeral out of the estate, paying taxes and distributing assets.
Before an estate can begin to be distributed, however, the Executor may need to make a written application to the Sheriff Court to obtain Confirmation. Confirmation is the authority given by the Sheriff Court to the Executors to gather together the deceased’s estate and distribute it. Banks and insurance companies will usually require Confirmation before releasing any funds. We will provide legal assistance throughout the Confirmation process so you can begin to deal with your loved one’s estate without delay.
Contact our Wills & Executries Solicitors – Providing Legal Services within East Kilbride, Hamilton, Strathaven & Glasgow South Side
At BuchananBurton, we speak your language. Our advice is down-to-earth and practical – giving you real solutions to your everyday problems. Our solicitors offer cost-effective solutions to your legal needs, ensuring you have a good understanding of your options throughout. We serve clients in East Kilbride, Strathaven, Thorntonhall, Carmunnock, Hamilton, Clarkston, Busby and the surrounding areas.
Pop into our office, give us a call on 01355 249 228 or contact us via our online contact form and someone will be in touch shortly.