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Contesting A Will In Scotland - Disputed Grant of Confirmation in probate

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Disputing A Will In Scotland- Objecting To Executors

Mistakes Made in DIY Wills:
You are not required to use a Scottish solicitor to draft your will. However, those that try the 'do it yourself' approach can find themselves stumbling into one of many common pitfalls or failing to comply with all the legal technicalities. Disputing a will in Scotland is a highly technical matter and can revolve around an invalid will or a failure to provide for potential beneficiaries that are entitled to claim support. Below are some of the mistakes that can invalidate a Scottish will or upset the testator's intentions and lead to an interested party disputing a will:

  • lack of compliance with the legal mandates for signing and executing the document
  • failure to distribute all assets, allowing the Crown to claim them
  • failure to take life changes into consideration, including births, deaths, marriages, divorces and civil partnerships
  • improperly executing an amendment to the will which could invalidate particular bequests or even the entire document
  • omission of dependents, such as a spouse, minor or mentally disabled person, who have a claim to support from the assets of the estate
  • the witness to the signing was also a beneficiary, invalidating their bequest. Spouses and beneficiaries are excluded from being a witness to a valid will.

Selecting an Executor:
Selecting an executor is one of the most important decisions you will make when creating your will. The executor is the individual charged with the responsibility of distributing your assets according to the instructions in your will. Executors perform numerous duties, including collecting assets and paying off liabilities. With regard to beneficiaries, an executor is responsible for liquidating assets for distribution as cash or transferring the title of an asset. Spouses and trusted friends are commonly named as executors. A bank, accountant or solicitor can also be made executor. If a spouse or friend is named as executor, that person will often seek out assistance from a solicitor who has the experience to act on their behalf. It is possible in certain circumstances when disputing a will to make objection to the appointment of specific executors especially if they are negligent or dishonest in the performance of their duties.

Making a Will is Critical:
Every citizen of the Scotland should have a will but 7 out of 10 dont. Making a will is the only way to ensure that your assets will be distributed according to your wishes after you pass away. If you die intestate, meaning without a will, there's a possibility that the government can claim all of your assets. Your loved ones could receive little or nothing. Certain statutes come into play to define the degrees of relationships of potential beneficiaries and their claims to the estate. Under these statutes, your assets might not go to the people you want them to go to.

Individuals have multiple choices for making their wills. You can make the will yourself, seek the services of a will making business or hire a qualified solicitor. Using an experienced lawyer is by far the most advisable of the three options. Writing a will yourself or working with an unqualified will making service is a gamble. There are no assurances that the document has been properly executed and even a single mistake can invalidate a will. Ask yourself whether you really want to take a risk with the disposition of your hard-earned assets.

Altering the Will:
The testator need not destroy or revoke the will in order to change the executor. An experienced solicitor can help you prepare and execute a legally binding codicil to make this change. Making alterations with a codicil is much less expensive than drafting a new will.

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