Not sure?  Contact a solicitor for advice

If you do not have a will it's important that you make one as soon as possible - whatever your age or state of health. If you don't have one, when you die you will die intestate - which means not having made a legally valid will.

In this case, your property will be divided according to specific legal rules set out in the Succession (Scotland) Act 1964 - not according to your own wishes.

Best advice is to go to a solicitor to make even a simple will. Problems can arise after your death if mistakes have been made or a bequest is not entirely clear. And sorting out any mistakes can be very stressful, time consuming and expensive -at a time when those you care about don't need any extra heartache.

Your local Citizens Advice Bureau can advise you on a choice of solicitor - some even run a free legal advice session staffed by solicitors. You'll find their number in the telephone book.

The cost of making a will varies according to how complex it is - ask about costs before giving the solicitor your instructions. If your income is below a certain level legal advice and assistance may be available through legal aid. You can call the Scottish Legal Aid Board on 0131 226 7061 and they'll tell you whether you qualify and provide a list of solicitors who operate the scheme in your area.

The DIY approach

You can make your own will. But should you choose to do so it's important that you take note of the following points:

The cost of making a will varies according to how complex it is

1. Sign the will on every page in the presence of a witness - You an also sign alone and have a a witness acknowledge your signature later. Either way, the witness must sign below your signature on the last page only and add their full name and address.

The witness must know you, be 16 or older and not be mentally incapable of being a witness. The person should also be independent, as using a beneficiary of a close relative of a beneficiary may make the will easier to challenge

If you are blind or unable to write your will can be signed for you by a solicitor, advocate, justice of the peace or sheriff clerk. The first two will usually charge for doing this.

2. Date your will and state that it revokes all earlier wills - This ensures that your executors can disregard earlier wills

3. Appoint executors - Decide who will be the executors to look after your affairs. Ask them and if they agree name them in the will and include their addresses. This is important so that they can be located more easily.

If you appoint a solicitor, accountant or other professional as an executor you should authorise them in your will to charge their normal fee.

4. Choose who you want to be the main beneficiaries of your estate - You may wish to leave them specific items as well as the residue - what remains after debts and other legacies have been paid. Put the name, relationship if any, and the address of each beneficiary and a full description of any items you are leaving them.

You may also wish to leave specific sums or goods to other people. Choose them and give their names and addresses. Make sure you clearly identify the items in your will, giving a good description or their location - otherwise it may be difficult to find them.

You must also decide whether you want the estate or the beneficiaries to pay any Inheritance Tax, government duties or delivery costs and state this in your will.

5. Don't forget about your pets - Each year far too many family pets end up in animal shelters because no arrangements have been made for their care after their owners' death. Don't forget about your faithful animal friends too.

6. What happens to a bequest should the beneficiary die before you? You should make provision for this in your will. This is particularly important with bequest of the residue of your estate. If you say nothing the bequest will be dealt with according to the rules of intestacy.

7. Do you have any children under 16? If you have any children under 16 you may wish to appoint guardians for them in case they are orphaned after your death,

8 Be careful of pre-printed will forms from stationers - These may be designed for use only in England where the rules are very different. You should check carefully whether the form can be used in Scotland.

Information obtained from Age Concern Factsheet 7s 'Making your will" February 2005.www.ageconcern.org.uk