By Clare McCarroll

Fri, 03/11/2022 - 14:03

Making a Will can safeguard your home to your loved ones. Otherwise, the law will take over.

No one wants to think about death or disaster when they’re celebrating a house purchase. But since it’s probably the biggest financial commitment you’ve ever made, you need to consider what would happen if you died. Scotland has rigid laws about who inherits your property if you die without a Will and they can have unforeseen consequences.

The risks you run if you own a property and die without a Will:

• Cohabitees don’t have an automatic right to inherit, unlike spouses and civil partners.

• Depending on your title deeds, they may not be entitled to any part of the property at all.

• Alternatively, a cohabitee you never wanted to inherit the property could go to court to claim a share of it.

• Your children or any other chosen beneficiaries could miss out on an inheritance you wanted them to have.

• Your estate could face legal disputes and additional fees. Rather than adding to the distress of loved ones, a Will can provide protection and certainty.

Updating an existing Will

If you already have a Will, congratulations. But you should certainly review it, and perhaps update it, when you buy a property – to make sure it suits your situation. 

So, rather than crossing your fingers it’s so much safer to make a Will.


Clare McCarroll

Partner, Private Client services 


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