Frequently Asked Questions
What is the process for making a Will?
At Thistle Legal, we make creating a Will simple and stress-free. Audrey will visit you at home to discuss your specific needs, ensuring your Will reflects your wishes. She’ll take the time to understand your family circumstances, review your assets, and guide you through every detail. If you’re considering a Power of Attorney, Audrey will explain how it works and take your instructions at the same time. With Audrey’s approachable and professional service, you can feel confident that your affairs are in safe hands.
Will I get to see a draft version of my Will first?
Absolutely. Once Audrey has discussed your instructions, we’ll prepare a draft Will for you to review. This allows you to make any changes or approve the final version. You can easily send your amendments by email, phone, or using the prepaid envelope we provide—whichever is most convenient for you.
When will I receive the final version of my Will for signing?
Once you’ve approved your draft Will, Audrey will personally deliver the final version to your home for signing. She’ll review the key provisions with you once again to ensure everything is in order, and she’ll oversee the signing and witnessing process to ensure it’s done correctly.
Where will my Will be stored?
Wills are stored free of Charge at Kings Court Trust storage facility. You will receive a certificate of storage and a unique reference number so you can retrieve it at any time by contacting Audrey or Kings Court Trust direct.
Can I leave legacies in my Will?
Yes, you can leave specific legacies in your Will. This can include gifts of money, such as “I leave £5,000 to my cousin Elsa,” or personal items like jewellery, cars, or even pets. Many clients also choose to pass down family heirlooms to specific beneficiaries in this way.
What is meant by the residue of my estate?
The residue of your estate is what remains after all your debts, funeral expenses, taxes, and any specific legacies in your Will have been paid. This is typically the remainder of your assets, which will be distributed according to the instructions in your Will.
Can I add my funeral instructions to my Will?
Yes, including your funeral instructions in your Will can be very helpful, providing clear guidance to your family during a difficult time.
What are Executors?
Executors are the individuals you appoint in your Will to manage your estate, ensuring debts are paid and assets are distributed according to your wishes. It’s important to choose trustworthy and reliable people for this role.
What happens if I get divorced?
In Scotland, divorce doesn’t automatically invalidate your Will. However, any provisions benefiting your ex-spouse or appointing them as an executor would no longer apply. It’s wise to review your Will after a divorce.
Can I change my Will at later date if I change my mind?
Yes, you can make changes to your Will. Minor changes can be made with a Codicil, but significant changes may require drafting a new Will to revoke the old one.
Do I still need a Power of Attorney if I have a Will?
Yes. A Will takes effect after death, while a Power of Attorney is for managing your finances and welfare while you’re alive but unable to do so yourself.
Do I need to register my Power of Attorney?
Yes, it’s recommended to register your Power of Attorney with the Office of the Public Guardian to avoid delays when it’s needed. The registration fee is £85.