How many Wills do you have? Recently, we had a case that highlights the importance of not only updating your Will but also ensuring that any previous versions are properly destroyed. This story serves as a valuable reminder to everyone about the significance of this process, especially in the absence of a central register of Wills in Scotland.
We had the pleasure of welcoming clients into our offices this month who were seeking to update their Wills. As a part of our meticulous approach to estate planning, we retrieved their previous Wills from our secure safe to discuss any changes or modifications they wished to make. To our surprise, it turned out that these clients had consulted another solicitor a couple of years earlier and had created new Wills without informing us to destroy their earlier versions.
The situation was a stark reminder of the potential legal complications that can arise when individuals fail to inform previous solicitors about the creation of new Wills. In Scotland, there is no central register of Wills, which means that solicitors rely on the client’s honesty and communication to ensure that the most up-to-date Will is in effect.
Had these clients passed away without us knowing about their new Wills, we would have followed the instructions outlined in the Wills we had on record. However, this would not have aligned with their current wishes, leading to confusion and potential disputes among their beneficiaries.
Please be proactive in managing your Will. If you create a new Will, it is essential to inform your previous solicitor about the changes and to ensure that the previous Will is destroyed. This guarantees that the most current will reflects your wishes, reducing the risk of legal complications.