Skip to Main Content
Lawyers in Edinburgh
Solicitors in Edinburgh
Family Solicitors/Lawyers in Edinburgh

Latest news and insights

Building Fair Terms: The Costly Consequences of Unfair Contract Terms

The recent case of Michael Glaser KC, Victoria Miller v Katharine Jane Atay highlights the importance of fair contract terms for consumers

The Making of a Lawyer: Insights from a Gillespie Macandrew Trainee, Rachael Gibson

Hear from Rachael Gibson, a Trainee Solicitor based in our Edinburgh firm on what drove her to pursue a career in law.

Harnessing the power of Co-Location: Renewable Energy Developments

Rae Gilchrist and Ross Baron provide an overview on co-location and its benefits.

Modern Families: The Importance of Making a Will

Published: 13 December 2021
Time to read: 2 mins

The Prime Minister and his wife, Carrie Symonds, have announced the birth of their second child, bringing the count of Boris’ children to seven. One would hope that an individual in the Prime Minister’s position would have the succession of his estate in order, to ensure that should the worst happen there is a plan agreed on a split of his estate across his family. The composition of the modern family has, of course, changed drastically over the decades meaning that the considerations below now apply to an increasing number of us.

If you have children from a previous marriage and have entered into a new relationship, you should make a Will. A well-drafted Will can ensure that both your new partner is provided for and can continue to reside in the house which you share together, but that the bulk of your estate will ultimately go to your children.

If you die without a Will, unmarried partners have no automatic right to inherit any part of your estate and, instead, would have to raise a speedy and costly court action.

Under Scots Law, spouses and children (but not step-children) have an automatic right to claim a proportion of an individual’s estate – regardless of what your Will says. Therefore, in a situation where there may be an estranged child they will still be able to claim a part of your estate. It is important, therefore, that you speak to an experienced Private Client solicitor when considering the succession of your estate, so you can get advice on this matter.

In our experience, lack of clarity often creates acrimony after death. Ensuring that your affairs are in order and that the succession of your estate is distributed in accordance with your wishes, will help avoid disagreements among family members and ensure that the executry of your estate goes smoothly.

Go Back

Our related services

To find out how we can help you with this topic or others, contact our expert teams or directly.

SUBSCRIBE

To receive regular updates like this one, you can sign up to our bulletins, and we will provide updates on the issues that matter to you.

SUBSCRIBE NOW

Get in touch

Contact us to find out how we can help you.

Get in touch

Lawyers in Edinburgh
Solicitors in Edinburgh
Family Solicitors/Lawyers in Edinburgh

Find a lawyer

If you are looking for a specific member of our team, you can search for them by their name here. You can also search for your regular contact by their area of expertise using the buttons below.

Visit the ‘Our People’ page for more ways to search if you can’t find who you’re looking for.