Tag: death
Q.
Who can I name as my next of kin?
A.
You can name anyone you like as your next of kin, whether you are living together or not. If you have written down who your next of kin is, in a will or other document, it will be clear who should make decisions on your behalf if that is ever necessary.
If you have not made your wishes clear in writing, a close relative or a wife, husband, orcivil partner, may be regrded as your next of kin, rather than the person who is your live-in partner.
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Q.
What should I consider when creating a will?
A.
In Scotland, if you are not in a civil partnership and are not married, and if you have no children, you can make a will leaving your estage entirely according to your wishes.
However, whatever you leave to your live-in partner will subject to inheritance tax if your estate is valued over the nil rate band. Your house, your pension, and any life insurange, may all be included in valuing your estate. You may wsh to consult a solicitor.
You can write your own will or use will writing kits (make sure they are valid for Scottish law) but we recommend you consult a qualified professional for guidance.
You can nominate your live-in partner as the guardian of your child in your will, and in the event of your death, if the person nominated by you accepts the appointment of guardian, the would then have parental rights and responsibilities for the child. The guardian has to be consulted in major decisions affecting the child and can act as the child's legal representitave.
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Q.
What if my partner did not have a will?
A.
If the person you're living with had their permanent home in Scotland, had not made a will, and you were living together at the time your live-in partner died, you can apply to the court for a share of their estate.
If you decide to make an application, you must ensure your application is served on your live-in partner's executors within six months of the day they died. This time limit cannot be extended.
If the person you're living with was the sole tenant of your shared home, and was not in a civil partnership/married, you have automatic right to succeed to the tenancy of your shared home if your live-in partner dies. Shelter Scotland (scotland.shelter.org.uk, 0808 800 4444), can advise on this.
Your local Citizens Advice Bureau will be able to advise you on rights, benefits, and where to find bereavement counselling. See their website (www.cas.org.uk) or look up your local bureau in the phone book.
The Equality Network strongly recommends that you get legal advice as soon as possible if your live-in partner dies without making a will.
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