Separation and Wills in Scotland

Stay home, protect the NHS, save lives.

In these uncertain times, we are all staying at home to keep our loved ones safe. You can further protect your loved ones by making sure that you have an up-to-date Will in place. Our Private Client team is working from home and we are ready to help you. If you already have a will but have questions or you wish to update your Will then a member of our Private Client team is available to discuss this with you either over the telephone, via Skype/Facetime/Zoom and by email to help you make arrangements and to put your mind at rest.

Cohabitating and no Will

Scottish law creates some limited protection for couples who live together but aren’t married. These are known as cohabitants. Many people think that living together gives your partner the same rights as a married couple but unfortunately this is sadly not true. If you die without a Will your partner could, in some circumstances, be left with nothing. By putting a Will in place you can protect those you love from uncertainty at a difficult time.

Separated but not divorced

If you have separated from your spouse/civil partner, you should check if your existing Will names your spouse/civil partner as a beneficiary. If you do not wish your spouse/civil partner to benefit from your estate in the event of your death then you should update any current Will you already have in place.

If you do not have a current Will in place your position could be more precarious. Lawyers often refer to marriage as the “Golden Status” because of the special legal rights that married couples have. If you have no Will, your spouse/civil partner may be able to claim your whole estate leaving nothing for your children and/or new partner.

For those of you who are in the process of putting in place a separation agreement then unfortunately until the agreement is signed, it means nothing.

Many people worry that making a Will takes a long time but it this is not the case! We can assist you to make a Will without you even having to leave your home.