Skip to content
Law Society of Scotland
Search
Find a Solicitor
Contact us
About us
Sign in
Search
Find a Solicitor
Contact us
About us
Sign in
  • For members

    • For members

    • CPD & Training

    • Membership and fees

    • Rules and guidance

    • Regulation and compliance

    • Journal

    • Business support

    • Career growth

    • Member benefits

    • Professional support

    • Lawscot Wellbeing

    • Lawscot Sustainability

  • News and events

    • News and events

    • Law Society news

    • Blogs & opinions

    • CPD & Training

    • Events

  • Qualifying and education

    • Qualifying and education

    • Qualifying as a Scottish solicitor

    • Career support and advice

    • Our work with schools

    • Lawscot Foundation

    • Funding your education

    • Social mobility

  • Research and policy

    • Research and policy

    • Research

    • Influencing the law and policy

    • Equality and diversity

    • Our international work

    • Legal Services Review

    • Meet the Policy team

  • For the public

    • For the public

    • What solicitors can do for you

    • Making a complaint

    • Client protection

    • Find a Solicitor

    • Frequently asked questions

    • Your Scottish solicitor

  • About us

    • About us

    • Contact us

    • Who we are

    • Our strategy, reports and plans

    • Help and advice

    • Our standards

    • Work with us

    • Our logo and branding

    • Equality and diversity

  1. Home
  2. News and events
  3. Law Society news
  4. Greater publicity required on importance of making a will

Greater publicity required on importance of making a will

15th May 2019 | Research and policy

People in Scotland need to be more aware of the importance of making a will and keeping it updated.

In its response to a Scottish Government consultation, the Law Society of Scotland has backed proposals to reform inheritance law in cases where an individual has died without a will and has stressed the importance of making a will as the best means of ensuring an individual’s wishes are met.

Gordon Wyllie, Convener of the Law Society of Scotland’s Trusts and Succession Law Sub-Committee, said: “Aspects of the law covering inheritance rules in Scotland could be made fairer. The government’s proposals only relate to cases where an individual has died without a will and we know from research conducted by the Scottish Consumer Council in 2006 that only 37% of people in Scotland had made a will. While we agree that the current approach requires reform, we must stress the importance of making a will as the best way to ensure that an individual’s wishes are properly covered.”

The professional body for Scottish solicitors has also highlighted anomalies in the current law providing rights to cohabiting couples, which it believes are problematic and disadvantageous to vulnerable and grieving individual people.

Gordon Wyllie added: “When a cohabitant dies, the surviving cohabitant has a period of just six months from the date of death to make an application to the court for financial provision. We agree that cohabitants should continue to have to apply to the courts, but we have proposed an extension to the time limit to make a claim.

“Currently a claim must be made to the court within six months of the date of the death of the cohabitant, during which time an individual is likely to be grieving and struggling to deal with practical matters following the death of a partner. We welcome the Scottish Government’s intention to extend the period to 12 months from the date of death. In cases where confirmation is obtained in respect of the deceased’s estate after the expiry of 12 months from death, we have suggested an additional extension of up to six months from the date of confirmation.”

The Law Society has also called for clarification of the law where an executor is convicted of a serious criminal offence and consideration should be given to their removal from office.

Our full response to the consultation is available to read here.

Our full report on cohabitants' rights is available to read here.

Making a will

Making a will is one of the most important things we can do - it determines how our most personal possessions and hard-earned savings will be shared among close family and friends.

Read more about Making a will

Our proactive policy work

Our proactive policy projects on areas of the law that have failed to meet the needs of modern society.

Read more about Our proactive policy work
Add To Favorites

Additional

Categories

  • New lawyers
  • Law Society news
  • Regulation
  • Research and policy
  • Legal aid
  • Professional support
  • Wellbeing
  • Business support
  • Equality and diversity
  • International
  • In-house lawyers
  • Schools
  • For the public
  • Videos
  • Fraud alerts
  • Career growth
  • Member benefits
  • Law and technology
  • Professional skills courses
  • Aberdeen
  • Edinburgh
  • Glasgow
  • Perth
  • Inverness
  • Commercial skills for young professionals
  • Roadshow
  • CPD event
  • Working in-house
  • Public Policy Committee
  • Roadshows
  • careers
  • property (non-commercial)
  • licensing
  • Journal online news
  • Sustainability
  • Policy committees

News Archive

  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013

Related articles

  • Law Society reminds MSPs of duty to judicial independence
  • New research to support future needs of smaller firms
  • Rule of law must underpin UK legislative agenda
  • AML regulations need greater clarity for legal sector
Law Society of Scotland
Atria One, 144 Morrison Street
Edinburgh
EH3 8EX
If you’re looking for a solicitor, visit FindaSolicitor.scot
T: +44(0) 131 226 7411
E: lawscot@lawscot.org.uk
About us
  • Contact us
  • Who we are
  • Strategy reports plans
  • Help and advice
  • Our standards
  • Work with us
Useful links
  • Find a Solicitor
  • Sign in
  • CPD & Training
  • Rules and guidance
  • Website terms and conditions
Law Society of Scotland | © 2025
Made by Gecko Agency Limited