The recent passing of legendary actor Gene Hackman and his wife Betsy highlights a crucial lesson in estate planning—the importance of regularly reviewing your Will and ensuring proper backup provisions are in place. Reports suggest that Mr Hackman’s Will was last updated in 2005 and left everything to his wife, with no contingency arrangements. Sadly the couple were both discovered deceased, and so his estate may now pass to estranged children—possibly against his true wishes.
As experienced Aberdeen solicitors and Banchory solicitors, we regularly advise clients to review their Wills every 5 to 10 years, or sooner if personal circumstances change. Without clear and current instructions, the distribution of your estate may not reflect your intentions.
Why You Should Regularly Review Your Will
At Burnett & Reid, we’ve been helping clients across the North East of Scotland navigate succession planning since 1754. From our offices in Aberdeen and Banchory, we offer bespoke estate planning services designed to protect your legacy.
A well-drafted Will ensures:
- Your wishes are honoured even if your main beneficiary dies before you.
- Backup provisions (such as substitute beneficiaries) are in place to avoid unintended outcomes.
- Your Executors, Guardians, and beneficiaries are clearly identified.
- Your estate is administered smoothly, without delays or legal complications.
What Happens If a Beneficiary Can’t Inherit?
If a primary beneficiary passes away before the Testator (the person making the Will), and there are no alternative provisions, Scottish law may dictate where the estate goes. This can lead to estranged or unintended parties inheriting by default.
Under Scots law, surviving spouses and children have a right to claim Legal Rights, which apply to moveable assets such as cash, savings, and investments, regardless of what the Will says.
However, Legal Rights do not cover heritable assets, such as property, which makes proper planning even more vital.
Legal Requirements of a Will in Scotland
To be valid under the Requirements of Writing (Scotland) Act 1995, a Will must be:
- Formally written
- Signed at the bottom of each page by the Testator
- Signed on the final page in the presence of at least one independent witness
The Testator must also have the mental capacity and clear intention to create the Will. As Aberdeen and Banchory solicitors, we ensure all these formalities are met while guiding clients through the process with clarity and care.
Questions We Ask to Prepare Your Will
Our Private Client team takes the time to understand your unique circumstances. During Will preparation, we typically ask:
- What do you own—and where are those assets held?
- Who are your intended beneficiaries, and in what shares?
- At what age should beneficiaries inherit?
- Do you have children or grandchildren who may have representation rights?
- Who should serve as your Executors and Guardians?
We also discuss specific wishes, such as bequests of family heirlooms or funeral instructions, and provide tax and estate planning advice, especially in relation to changes in Agricultural and Business Property Relief.
Whether you need to update your Will or are writing one for the first time, our expert solicitors in Aberdeen and Banchory can help you put clear, legally sound plans in place. By asking the right questions and including contingency arrangements, we help clients avoid the very real and often distressing consequences of poorly drafted Wills—like those now facing Gene Hackman’s estate.
