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Amending a Will

"Scottish law Guides"

Amending A Will

"Scottish Legal Guides"

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There may be times when it is necessary under the law of Scotland to make changes to your Will. This page gives information on why, when and how to change a Will.

 

Why?

 

It is important to review your Will when a major life event occurs, such as a marriage, a divorce, a separation, the birth of a child, the death of a relative or a change in your financial situation. These events may have an impact both on your wishes for the distribution of your estate and on the validity of your current Will.

 

If you get divorced or your civil partnership is dissolved, your Will does not become invalid, but many of its provisions would no longer be effective if you pass away before making a new Will. For example, any gift that you had bequeathed in your Will to your former spouse or civil partner would take effect as if they had died on the date your divorce was completed. This usually means the gift falls back into the estate residue for the benefit of the residuary beneficiaries. If your Will states that everything passes to your spouse, then it would be as if you died intestate (leaving no valid Will).

 

Birth Of a Child

 

If you have a child after writing your Will, they will not automatically become a beneficiary even if you have named your other children as beneficiaries. Your Will can be deemed as inalid and teated as void. Therefore, in order to ensure that your wishes are carried out, you should update your Will as soon as possible after the birth of a child.

 

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All data & information is GDPR secured (Data Protection Act 2018 (DPA 2018)) registered with the Information Commissioner’s Office (ICO). All legal work & firms are fully regulated and authorised by the Law Society of Scotland in accordance with the solicitors' code of conduct and Scottish laws by scottish expert solicitors and lawyers. Please see our Terms & Conditions for details of the and terms of the estimates provided.

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