Girvan has been named as the number one place in Scotland for a day at the beach with Ayr being voted second on the list.

They also both offer fabulous fish and chip shops, homemade ice cream and much more. In both our Ayr and Girvan offices we have acted for clients looking to retire from the city or move up from England to enjoy the way of rural living. Since the pandemic we have seen a marked increase in the number of people south of the border looking to move up to our area.

Whilst during this process this is the first time that many English people become aware that we have a different legal system up here people often don’t realise that the law of succession is also different and who is entitled to inherit your estate is different between Scotland and England.

In Scotland your spouse and children are entitled to inherit a share of your estate regardless of your Will. This means you can’t disinherit your child/children as they are entitled to Legal Rights. Legal rights can be a half share of a third of your moveable estate. (everything other than land and Buildings, such as cash, Savings & Investments). Legal rights can be claimed in Scotland up to 20 years after death. These rights do not exists in England.

Many clients move over the border and class Scotland as their home but may only hold a Will in England. English Wills are only required to be signed on the final page, Scottish Wills are required to be signed at the bottom of each page.

One of the biggest differences is that marriage does not invalidate a previous Will in Scotland. Therefore, it is essential that you make a new Will if you are living in Scotland and have re-married. Other wise your original Will may still be valid and your ex-spouse may inherit everything when you die - even if you divorced many years ago!!

In a recent case, an individual of Scottish domicile died having only ever signed an English Will. The deceased had resided in Scotland but used an English Solicitor to prepare their Will.

Such situations create problems in administering the estate as written evidence would be required from witnesses and the solicitor who prepared the Will to ensure the validity of the will under Scots Law. Tracing witnesses can be time-consuming and costly and add frustration.

If you have moved to Scotland and intend for it to be your permanent home, it is worthwhile putting a Scottish will in place.

The worst case scenario, of course, would be for the court to deem the Will invalid, in which case the Will will be deemed to be intestacy.

Intestacy is where a person has died without a Will or the Will is deemed invalid. This is costly and time consuming along with added stress to the family. You are required to apply for a Bond of Caution which is an insurance policy and you are also required to apply to the local sheriff court to have an executor appointed and your estate may not be distributed how you may have wished.

The purpose of a Will is to communicate your wishes to your family and loved ones and let them know what you would like to happen to your estate after you die. People often think they don’t have much so don’t put the legal document in place. We advise all clients to put a Will in place as it protects you and your loved ones. Putting a Will in place is not expensive and is very straight forward. Much more so than people expect.

If you don’t have a Will or your Will was completed online or with an English solicitor and you are unsure if the document is valid in Scotland please arrange an appointment with one of our private client solicitors in either our Girvan or Ayr offices to discuss further.

If you have a valid Will we advise you should review this on a regular basis. e.g if you have purchased a new property, have a new child or grandchild and you wish to leave a small gift.

Contact our Wills Lawyers at The McKinstry Company

Making a Will can save your relatives a lot of heartache and hassle at an extremely difficult time. Making a Will is the easiest way to ensure your assets are left to who you want and your wishes are respected. It is incredible that an astonishing number of people postpone and put off writing their Will. Visit The McKinstry Company in Girvan or Ayr to discuss with one of our private client solicitors who will be more than happy to advise you on making your Will and giving you the correct legal advice suitable to your requirements. Contact us today.