Most people put off writing a will. It can feel uncomfortable to think about the future in that way. But if you die without a will in Scotland, the law decides what happens to your estate, not you.
This situation is known as intestacy and it can leave families confused and sometimes financially disadvantaged.
When someone dies without a will, the estate is distributed according to the Succession (Scotland) Act 1964. Instead of personal wishes deciding who receives what, the law applies a fixed order of inheritance.
Your estate includes property, savings, personal belongings and other assets.
If you were married or in a civil partnership, your spouse or partner has what are called prior rights. These are dealt with before anyone else receives a share of the estate.
They include rights to the family home (up to a set value), household contents and a cash sum. If the estate is relatively small, these rights may use most or all of it.
After prior rights are satisfied, legal rights apply to the remaining moveable estate such as money, vehicles or investments. Both spouses and children may have claims to these assets.
These rights apply even if a will exists, unless the rights have been formally renounced.
Any assets left after prior and legal rights are distributed form the residue of the estate. The law sets out an order of relatives who may inherit this.
Typically this starts with children, followed by parents, siblings and then more distant relatives.
Cohabiting partners do not automatically inherit if someone dies without a will. Instead they must apply to the court within six months of the death to request financial provision from the estate.
The court will consider the nature of the relationship and other circumstances before deciding whether an award should be made.
Dying without a will means giving up control over how your estate is distributed. The law follows strict rules and these may not reflect what you would have wanted.
Writing a will ensures your assets go to the people you choose and can make the process far easier for those left behind.