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When Should I See A Solicitor

It is a common though mistaken belief, that a Solicitor must create your Will and witness it. This is not true. Your new Will shall be perfectly competent if you follow the signing instructions correctly. Nevertheless, we recommend that you seek legal advice if you are at all concerned about the effect that your Will would have in your particular circumstances, and in any event in the following circumstances:-

  • If you are unable, for whatever reason, to read or write;
  • If you believe your Will might be challenged on the grounds that you did not have the mental capacity, perhaps through severe illness, to make a new Will.;
  • If you intend leaving any or all of your children (including adopted children) out of your Will;
  • If you are separated from your spouse;
  • If you are registered as blind;
  • If you are not a citizen of Scotland and your permanent home is not in Scotland;
  • If your estate is likely to exceed the current Inheritance Tax threshold then you should consider the Inheritance Tax implications and seek the advice of a Solicitor who specializes in that field;
  • If you own a business, a farm or have shares in a family owned company; and
  • If you have heritable property, for example a house or land, or other assets in a foreign country (anywhere other than in the United Kingdom), then you can use this site to make your UK effective Will but you shall have to take advice from a solicitor regarding the need to make a second Will under the Law of the country where your property or other assets are situated.;

While we recommend taking the advice of a solicitor in Scotland if your circumstances fall into those as mentioned above, there is nothing to prevent you creating your new Will on our site and taking the advice of a solicitor at a later date if that is more convenient.