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Writing a Will - Legal Advice Aberdeen, Scotland

Making a Will ensures that your money and possessions will be dealt with as you wish after your death. In some situations, if you do not make a Will, the results can be particularly unfortunate for your family or partner. If you own a house or flat, it is even more important to draw up a Will. Our specialist lawyers are here to help, whatever your circumstance. 

Costs of Making a Will

This tends to vary according to how complex your financial affairs are. For a simple Will, the cost is relatively inexpensive - at andersonbain, the typical charge is £190 + vat for SIngle Wills and £300+vat for Mirror Wills (for couples).

Executors are the persons (or institutions) you appoint in your Will to deal with your estate after your death. It is their function to implement your instructions and administer your estate in accordance with your wishes. Generally, you would appoint your partner, children, close friends or relatives as Executors. Very often your solicitor will be co-executor (although this is not essential).

Who should I provide for?

Usually, people leave their assets to their closest relatives. At andersonbain we can advise whether, for example, you should leave all your estate to your spouse/partner, or whether part should be left to your children. Often a Will can be used as an opportunity of saying "thank you" to a good friend or making a charitable donation.

If you own a house jointly, you would normally want to make sure that your co-owner inherits your half-share. This does not always happen automatically and can cause enormous difficulties for your co-owner if he / she does not inherit your share.

Your Will can be changed at any time. However, to ensure these changes are not subject to challenge, please get your solicitor to make these changes for you.

You may have to pay tax if you have a large amount of property to leave. If so, it is important to take advice from a solicitor who may be able to significantly reduce your tax liability.

Contact our Wills & Executry Lawyers in Aberdeen today

For expert wills writing advice in Aberdeen or the surrounding areas, please get in touch by phone on  01224 456 789 or by completing our  online form . 

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

It is often a simple and inexpensive process. But failure to make a will can pose major difficulties for those left behind, for instance, where there may be Inheritance Tax implications.

Your estate - money, other assets and possessions - could be distributed according to the law rather than your wishes. It is particularly important to leave instructions if you own property.

What you need to think about

It is advisable to consult a solicitor before deciding what to put in your will. A will can cover a range of issues, including:

• Who should inherit your property, money, other assets and possessions;
• How your children should be cared for;
• Who should be responsible for looking after your estate (the executors);
• Special arrangements for your funeral; and
• Any charitable donations you would like to make.

How we can help

Wills are often straightforward, but some involve complicated arrangements and financial affairs, such as blended families - all the more reason to ensure they are drawn up by a qualified solicitor.

By offering legal and financial services together, our solicitors can help you see the opportunities that others cannot. Our experts will work together to manage and reduce your exposure to Inheritance Tax, thus leaving more of your estate for your beneficiaries.

Living Wills

A living will (also known as an advance directive) provides that where you are unable to communicate or take part in deciding on your medical treatment as a result of serious physical illness or mental incapacity, you wish that your life should not be sustained by artificial means and medical treatment should be limited to keeping you comfortable and free from pain.

Such a directive can form part of your planning with Aberdein Considine Legal.

Meet some of our Wills experts

Many of our lawyers are ranked by the prestigious Legal 500 guide as experts across multiple legal disciplines.

Aileen Entwistle

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Top 10 Wills, Trusts & Probate Solicitors in Aberdeen City

Here you can see the best Wills, Trusts & Probate solicitors in Aberdeen City. These results are based predominantly on the reviews collected from clients in the last 12 months on ReviewSolicitors, but take into account a law firm’s accreditations, experience, size, notable cases, Legal Ombudsman and disciplinary records and other important information. Remember to leave a review after you have used a firm!

Search for a particular firm

Average review rating

Gilson gray llp.

1330 reviews

Ranked # 1 out of 13 Wills, Trusts & Probate solicitor firms in Aberdeen City

Value for money - excellent.

"Exceptional "

- 08/09/2024

"Execellent service"

- 03/09/2024

Gilson Gray LLP have Wills, Trusts & Probate solicitors ready to assist with your matter. Click here to contact directly or find out more.

Total solicitors: 0

Blackadders LLP

309 reviews

Ranked # 2 out of 13 Wills, Trusts & Probate solicitor firms in Aberdeen City

"Experts!! "

- 27/07/2023

"Exceptional Service"

- 05/04/2023

Blackadders LLP have Wills, Trusts & Probate solicitors ready to assist with your matter. Click here to contact directly or find out more.

Balfour + Manson LLP

378 reviews

Ranked # 3 out of 13 Wills, Trusts & Probate solicitor firms in Aberdeen City

"A friendly guide throughout the process"

- 06/09/2024

"Professional and friendly"

- 04/08/2024

Balfour + Manson LLP have 2 Wills, Trusts & Probate solicitors ready to assist with your matter. Click here to contact directly or find out more.

Total solicitors: 7

Kee Solicitors Ltd

109 reviews

Ranked # 4 out of 13 Wills, Trusts & Probate solicitor firms in Aberdeen City

Kee Solicitors Ltd have Wills, Trusts & Probate solicitors ready to assist with your matter. Click here to contact directly or find out more.

Ledingham Chalmers LLP

Ranked # 5 out of 13 wills, trusts & probate solicitor firms in aberdeen city, brodies llp, ranked # 6 out of 13 wills, trusts & probate solicitor firms in aberdeen city, dentons uk and middle east llp, ranked # 7 out of 13 wills, trusts & probate solicitor firms in aberdeen city, addleshaw goddard llp, unranked # out of 13 wills, trusts & probate solicitor firms in aberdeen city, cms cameron mckenna nabarro olswang llp, pinsent masons llp, pricewaterhousecoopers llp, womble bond dickinson (uk) llp, ranked # 13 out of 13 wills, trusts & probate solicitor firms in aberdeen city.

• Making a Will

You can trust us to draft your will clearly and thoroughly, ensuring all of your wishes are clearly set out. Our experts know what goes into creating an all-encompassing will and will explain what you can do, or may want to consider. We’ll discuss areas that you may not have thought about and help you put your intentions into words.

Home - Legal Expertise - Wills and Succession Planning - Making a Will

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Creating a will is absolutely essential if you want to ensure that your estate is passed on exactly as you wish when you’re no longer around. At Anderson Strathern, we can work with you to draft your will clearly and thoroughly, ensuring all of your wishes are clearly set out.

Our wills solicitors in Scotland know exactly what goes into creating an all-encompassing will and will explain what you can do or may want to consider. By working with our experts, you’ll have the opportunity to discuss areas that you may not have thought about and help you put your intentions into words.

In this day and age, it’s becoming increasingly important to draft a will that is specific to your situation because the way our society functions has changed significantly since the current rules were written.

The last major reform of the law of succession in Scotland took place in 1964. Society has changed a great deal since then, and there are now many more forms of family than ever before.

It’s now common to find that people we’d consider ‘family’ don’t formally have an entitlement to the estates of their loved ones unless there is a valid will in place. A key factor in this is that, in recent years, there has been a rise in the number of family units where the parents have chosen not to marry or where they’ve been married before and bring their children to the new relationships.

Another consideration is that the age to inherit in Scotland is 16, meaning that relatively young people could become entitled to large sums of money at a young age. It may be that you want to set up a trust in your will so that children do not get funds until they reach a certain age. A well written will trust can also allow for advances should needs arise or circumstances change.

There are certain formalities involved when preparing a will. Documents need to be signed correctly. Forms of wording may mean one thing to you but something entirely different to someone else. Our will writing services can prevent these sorts of issues from occurring.

It is important too to know that a will may not encompass everything. A pension pot, for example, usually needs a nomination separate from the will. We can advise on what you should check to ensure that you’ve planned what will happen to all of your assets.

Wills, executries, and all of the related issues that arise from them are a significant part of what our experts do, with our aim being to guide our clients as smoothly as possible through what can be difficult times.

Speak to our wills solicitors today

To discuss the process of making or amending a will with a member of our expert team, please get in touch today.

Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian or Shetland, or fill in our enquiry form at the bottom of the page to request a call back.

Our expertise with making wills

Making a new will from scratch.

If you don’t already have a will, our expert team can work alongside you to clearly lay out your intentions for your estate and how you would like to cater for your loved ones when you are no longer around.

When making a will, it’s important that various steps are taken to ensure that it will be deemed valid when it’s signed, minimising the potential for any disputes among your loved ones over its terms.

For instance, this includes having an independent adult witnesse to the will and for every page of the will to be correctly signed.

Our will solicitors in Scotland can work to make sure that every detail is taken care of, so you can rest assured that your estate will be distributed exactly as you wish.

It is important to note that there are several differences to the process of making a will in Scotland than in England and Wales (such as the age you can create a will), which is where our team’s expertise can be invaluable.

Amending an existing will

If you already have an existing will, it’s a good idea to regularly review it so that you can be certain that it accurately reflects your circumstances, as well as your family’s. It’s also important to take a closer look at your will if you have gone through a major life event, such as getting married, getting divorced, having children, or buying a home.

We can take a closer look at an existing will you have signed and suggest how it can be amended to better reflect your situation and how you would like your estate and assets to be passed down.

Amendments to existing wills may be done by making a codicil. There are no limits to the amount of codicils you can make for a will, but they are usually only suitable for straightforward changes.

Storing a will

If you are concerned about storing your will, our wills solicitors can store it for you free of charge, ensuring that it’s readily available for your executors when the time comes. This avoids the risk for your will to be inaccessible when you pass away, which in the worst case scenario could lead to your wishes not being carried out.

Tax planning

One of the key benefits of carefully planning out the terms of a will is that you will be able to understand how to take the best advantage of tax rules, such as inheritance tax. Understanding how these particular rules work and the steps you can take to minimise your estate’s tax liability will allow you to put aside more money for your beneficiaries.

Our wills solicitors are very experienced when it comes to tax planning in wills and can assess your situation to make your estate as tax-efficient as possible.

It may be the case that you want to leave some of your money in a trust instead of it being distributed outright to your loved ones immediately after you die. This is often the preferred approach when passing assets onto children or vulnerable dependants, such as those with learning difficulties.

We can advise you on putting provisions in your will and, where required, can act as professional trustees. This is especially important as the age to inherit in Scotland is 16.

Power of attorney

When making your will, it is usually a sensible decision to also consider making a power of attorney. This is a legal document that gives another person the authority to deal with aspects of your affairs should you lose the capacity to do so yourself, such as if you fall ill or suffer a brain injury.

We can help you with creating a power of attorney and can also act as professional attorneys where necessary.

Why choose our will writing solicitors?

Our wills solicitors have a wealth of combined experience and expertise when it comes to wills and succession matters, supporting clients from all walks of life.

Our expert team have various professional memberships, demonstrating their expertise, including the Society of Trust and Estate Practitioners (STEP) , STEP Advanced Certificate in Family Business Advising. We also have substantial expertise in tax matters, with members of our team being Chartered Tax Advisers, Law Society of Scotland accredited specialists in tax law and members of the Law Society of Scotland’s tax committee.

Our expertise with wills also extends to advising executors of wills, power of attorney, succession planning and will disputes. To find out more about our wider wills services, please click here .

Speak to our will writing solicitors today

Meet the experts, john peutherer.

• 0131 270 7795
• [email protected]

Carole Tomlinson

• 0131 625 7273
• [email protected]

Alasdair Johnstone

• 0131 625 8176
• [email protected]

David Campbell

• Edinburgh | East Lothian
• 0131 270 5369
• [email protected]

Siobhan McGuigan

• 0141 242 7981
• [email protected]

Martin Campbell

• 0131 270 7785
• [email protected]

"We have been a client of the team for over 6 years, a considerable period of time. We have never queried their costs, made a complaint or had any issue worth noting. This speaks volumes for the service received, the quality of the people, but more importantly the trust built."

Latest Insights

• 19 March 2021
• | Carole Tomlinson

Making time for making a will

For many, making a will is something we mean to do but usually sits around the bottom of the to-do list.  While many of us have...

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Wills and Probate

Aberdeen wills and probate, we help you deal with your death and the death of someone close to you in aberdeen. we can also help if you have a dispute over property or money left by someone who has died. you can contact us online, over the phone or in person. we aim to keep our fees as low as possible, and our staff will always try to help you find the best outcome for your particular situation. call ‭07584 283 821, aberdeen wills and probate.

Wills Aberdeen, estates and trusts Aberdeen are never cut and dried legal matters. Our solicitors have stood by the side of many grieving families in developing a strategy to deal with the loss of a loved one and address the legal issues arising from this event. Our compassionate solicitors Aberdeen will provide clear and straightforward advice about the steps you need to take to protect you and your family's interests at this painful time.

Wills Probate Team

You can trust our team in the UK for all your Will Writing Aberdeen and Estate Administration Aberdeen. We provide a friendly, reliable and efficient service, getting things right first time, every time. Book Appointment .

Wills Solicitors

We are a friendly and approachable bunch of lawyers - the kind of people you'd like to have a drink with. with our legal services aberdeen , jargon is kept to a minimum, which means clear and straightforward advice, so you're never left in the dark. we offer fixed-fee quotes on most work, and we don't order you around. sometimes it can feel like you're making the decisions, trust solicitors, our lawyers in aberdeen will help you understand any legal jargon and can usually give you a fixed fee quote before starting any work in aberdeen., find your wills and probate solicitor in aberdeen, how to avoid the stress of handling an estate.

Is a loved one’s estate causing you distress? Do you find yourself worrying about loss of quality of life, loss of autonomy, and loss of independence for someone you care about? If so, there is good news. You don’t have to give up legal control or even be in charge.  Probate in Aberdeen . We'll do everything in our power to make the probate process as short and straightforward as possible, leaving you and your family members to concentrate on supporting each other.

Will Solicitors

Have you ever thought about making a Will? It’s something you should do; after all, it’s the most crucial document that you will ever sign, and no one else can sign it for you. You might also like to consider Aberdeen Power of Attorney or Aberdeen Trusts. We can help guide you through this process, so please contact us .

Our wills and probate solicitors will spend time getting to know you to fully understand your needs.

Wills probate single source of legal advice and support for people, businesses and communities across the uk. our legal helpline offers you free access to an expert lawyer in aberdeen to help keep things running smoothly., will and probate services, our wills & probate services department creates, executes and maintains your estate plan by writing and executing wills, trusts, medical powers of attorney, and much more., aberdeen wills.

Our Aberdeen Wills cover all the key areas and ensure your final wishes are carried out correctly. Your will is one of the essential documents you'll ever make, and it gives direction to what happens when you die.

Aberdeen Probate

If someone close to you has died, dealing with the Estate Administration in Aberdeen can make it extremely stressful. There are many legal, financial jobs and tasks to complete while dealing with personal grief, and let us deal with those formalities for your family at this emotional time. We are based in Aberdeen and can deal with your family Probate.

Aberdeen Power of Attorney

Powers of attorney for families in Aberdeen allow someone else to decide on your behalf if you can't make one for yourself. Make sure your partner, wife or close relatives in Aberdeen can carry out your wishes if you become unable.

Aberdeen Planning for Care

One-third of us need long term care in our later years in Aberdeen. We can help you create a care plan for the future so that family members understand exactly what you want and need when planning for care. Having your Aberdeen Will and Probate prepared before the family needs it, talk to experts Aberdeen Will Probate.

Inheritance Tax in Aberdeen

Married couples and civil partners can get all the Aberdeen inheritance tax (IHT) benefits of married couples if their estate is worth less than the current threshold of £325,000 per person. Any income tax Aberdeen advantages are also available to you. If your estate is worth more than £650,000, you can't claim the IHT marriage allowance. However, there is no limit on the amount of allowance that can be claimed for civil partners. The standard inheritance tax Aberdeen rate is 40%. So if you pass on up to the threshold, nothing will be charged. But if your estate is above that amount, then the 40% rate will be charged on the part of your estate in Aberdeen that’s above the threshold.

LIVING TRUST

If you have minor children or family who live in Aberdeen, you will want to have a Will in place rather than a Living Trust, since only the assets you own in your own name can be covered by a Trust. This is usually limited to your home and car. However, with one of these documents in place, you will be able to do all of the things that an experienced attorney would do for his or her clients with the added benefit of feeling more secure knowing that these details are spelled out in writing.

Aberdeen Inheritance Tax

Inheritance tax aberdeen planning services can help you manage the long-term implications of leaving a significant estate behind., aberdeen estate planning, estate planning aberdeen offers the most advanced estate planning techniques and the most efficient writing process. we are not an old, and dusty law firm stuck in the past. , aberdeen wills and probate solicitors, for generations, wills and probate solicitors aberdeen has helped families plan for the future. our experienced lawyer offers a wide range of services that include preparing and witnessing wills and applying for grants of probate..

Need advice on wills and probate Aberdeen. Talk to our team on ‭‭07584 283 821

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Clear and concise, our Wills and Probate information pages give you the information you need about making a will, getting help, dealing with funerals and more.

Will Writing

Our family lawyers will ensure your Will is personal, comprehensive and legally binding

Writing Your Will

Your Legacy, Your Way

A Will is a legal document that instructs how your estate is to be distributed when you die, and your wishes for guardians for any children. Our family solicitors will take time to discuss your circumstances and advise on the various areas of your life and legacy that you may wish to cover in your Will, before drafting a Will that reflects your personal wishes. We are happy to offera consultation to help you decide whether we are the right fit for you.   

Will Writing Lawyers Glasgow, Aberdeen, Scotland

Writing a will: why does it matter.

It’s common to worry about what the future holds as we grow older. A Will is a legal document that instructs your preferred persons to act as “Executors” after your death and distribute your estate according to your wishes . Your Will can be updated as often as you require when circumstances change. Often people don’t appreciate their value when considering their estate. From bank accounts to property; personal items to children, cars, or even pets, every adult should have a Will to protect their legacy. Will writing is not an acceptance of the end, but is often a life-affirming process adding peace of mind that our affairs are in order should the unexpected occur.

Specify who will look after your children

In Scots Law, a child is considered a minor until the age of 16 years old. Young families should consider appointing a guardian who can look after any children. This is often a close family member, and it’s important to consider environment, financial stability, beliefs and values as strong components of a suitable guardian. A guardian can have the power to make decisions on medical treatments, finances, or care management. This could include things like what schools they go to. Without appointing a guardian, suitable persons will have to apply for parental rights through the courts. This can take considerable time at what would be a difficult time for a child.

Leave a cash (pecuniary) legacy to a person or to a charity

Many people consider writing a Will to leave a pecuniary (cash) legacy to an individual, charity, or meaningful cause. A cash legacy gives an opportunity to give back and mark support in our life. Cash sums separate from the estate could be left to a spouse or child, or to a friend. Pecuniary legacies could also be used to give back to a charity that has been a particular support during someone’s lifetime. Pecuniary legacies can either be bequeathed as a set monetary sum, or as a percentage of a total amount.

Gift a specific Item to a loved One

• Electronic equipment

Leave a Property Legacy

Although property is often one of the main components of our estate, it can be left as a legacy as a whole or parts to beneficiaries. It is important to consider title deed ownership and whether married or unmarried couples who share ownership are recognised as doing so in law. There could also be considerations of rights of tenancy when leaving a house legacy to children.

If you are looking to protect children who are unable to make sound decisions either through disability, addiction, or family situations, property legacies can be a sound way to mitigate a lump sum which could be compromised.

Property legacies can be very complicated, particularly with older properties listed on the Sasine register. Writing a Will is often an excellent time to review and consolidate the title deeds of a property.

How much does a Will cost?

We can provide basic Wills from £175 + VAT (£210 total). This cost covers more than simply drafting a Will for you, we provide solid understandable advice to ensure you’re making the right decisions for the future.

What Happens if I Die without a Will?

Legal rights & the laws of intestacy.

If you die intestate, the laws of intestacy govern the division of your estate. This will mean that your loved ones may not be provided for, regardless of their relationship to you. It could also significantly limit the amount of the estate that falls to preferred beneficiaries, even if they are direct children. Families are constantly evolving, with partnerships, divorce, and remarriage more prominent in today’s society. Providing a Will that details your wishes will ensure your possessions are distributed as you wish. Drafting a Will ensures you are able to dictate who inherits from the estate you leave behind. Your executors are people chosen by you to oversee and ensure your wishes are followed.

Sideways Disinheritance

Protecting your legacy to your family by making a will is very important.

Family units are constantly evolving, and this can cause problems with inheritance and make a Will extremely important. If a family separates and a parent remarries, the new spouse could have claim over an estate, limiting what is left to the children of the first family and instead filtering inheritance to another family. This is known as Sideways Disinheritance and can occur even when the parents who has remarried did not intend this to be the case. Similar consideration can be made from children born to different parents and maintaining a family unit. Sideways disinheritance should also be consideration when leaving a legacy to a child who is themselves separated or divorcing, creating a potential path for your legacy to move elsewhere. Creating a Will and solidifying your wishes can help protect your legacy. If you are planning to get married or start a family, you may also wish to consider a cohabitation or pre-nuptial agreement, and you will likely wish to put plans in place to ensure your children are cared for in the event of your death.

Professional, Empathic Advice

Will Writing is an emotional and sensitive area of law. It can be confronting to consider your own death. However, writing your Will can also be an uplifting, freeing process - creating a safety net that ensures that our loved ones are protected. Our friendly team are professional and considerate in the drafting and execution of Wills and are on hand throughout the process to provide any help or answer any queries.

Book a consultation today to speak to our Wills Specialists Glasgow, Aberdeen, Scotland

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From Our Blog

Understanding the Difference Between a Power of Attorney and a Lasting Power of Attorney jasmin 2024-08-28T08:02:10+01:00 Read More

The Ultimate Checklist for Writing a Will in Scotland jasmin 2024-08-28T08:00:46+01:00 Read More

Who Can Override a Power of Attorney in the UK? jasmin 2024-08-14T14:15:39+01:00 Read More

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iLAWS are Will Writers and Asset Protection Specialists. We are not conveyancing solicitors, however, we have long-standing associations with many such firms and can refer a Client on to them if you require this type of work to be undertaken. Contact us at [email protected] for more details.

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Making Your Will

We can advise you on all aspects of making a Will, including what you can do to reduce Inheritance Tax.

Call us on 03330 430 150

Wills and Will Writing

People often put off making a Will, but by taking steps now you can make sure your property and possessions go to those you want in the most effective way.   Having a Will in place can also help ease the worries and difficult decisions facing those you leave behind.

Click here  to read a full transcript of this Will writing video.

A Will is a legal document which allows you to set out instructions for the distribution of your estate after death. Your ‘estate’ refers to everything you own and may include land, property, bank accounts, investments, jewellery or other possessions.  Your Will can also say who is responsible for carrying out your wishes and can also afford better protection of assets for your children or other vulnerable beneficiaries.

Making a Will it is usually a straightforward process and you can rewrite it as many times as you wish during the course of your lifetime. Your Solicitor will be able to draw up your Will for you, ensuring it reflects your wishes in the best way for your individual situation.

Frequently asked questions

Here are some of our most frequently asked questions when it comes to Wills and writing a Will.

Do I need a Will?

Making a Will allows you to set out instructions for the distribution of your estate, which is all your assets, to the people you want after you die. A Will can be tailored to your needs to allow you to make specific requests that are important to you. Such requests may include: giving certain possessions to specific people, appointing guardians for your children, setting out your funeral instructions or stating how your interest in a business should be passed on. 

If you die without a Will , your estate will be distributed in accordance with set rules provided by law. To allow the administration of your estate in such cases, an application must be made to the court for appointment of an Executor or Executors. This process incurs additional expense and delay, which can easily be avoided by having a Will in place.

How do you write a Will?

The content of a Will varies depending on your individual requests and circumstances. However, there are some common features in every Will:

• Your Will must appoint an Executor or Executors who will be responsible for dealing with the administration of your estate.
• It must identify the person or persons who should receive your estate.
• It must be validly signed and witnessed.

Your Solicitor can advise you on writing a Will, draft the document for you and ensure it is legally correct.

How do I make changes to a Will?

Minor changes to your Will can be made by a document called a Codicil. A Codicil sits alongside your Will and varies its content. Your Solicitor will be able to advise you whether a change to your Will can be made by a Codicil or if a new Will would be more appropriate. If you want to make major changes to your Will, then it is usually preferable to make a new Will to ensure that your instructions remain clear. 

What is the role of Executors and who should I appoint?

Executors are responsible for gathering together your assets, paying any debts of your estate (such as an outstanding mortgage or loan) and distributing the estate to your beneficiaries.

You should carefully consider who you wish to appoint as your Executors.  Each Executor should be someone that you trust to carry out your wishes. This may be a friend or family member.

When should I review my Will?

We recommend that you review your Will at least once every five years to ensure that it continues to reflect your wishes. You should review your Will more frequently if your circumstances change, for example if you have a child, buy a joint property or get divorced.

How much does a Will cost?

The cost of a Will varies depending on the complexity of your instructions.  We will set out costs for you at the start once we have understood your Will requirements.  If you would like more information about the cost of a Will, please contact a member of our Private Client team.

Can I write my own Will?

You can write your own Will but it is a potentially risky approach. To do so, you have to make sure that it complies with the legal requirements for a Will in Scotland, including clearly setting out what you want to happen to your assets on your death and it being signed and witnessed.

B y adopting this approach, you are in danger of your instructions not making sense or the Will not achieving its intended purpose. Instructing an experienced Private Client solicitor to draft your Will avoids these pitfalls.  It also gives you the opportunity to discuss the protection of your assets.

How can Thorntons help?

At Thorntons, our Private Client team can advise you on all aspects of making a Will, including charitable legacies and what you can do to help reduce your potential Inheritance Tax bill.

We can also advise on the preparation of living wills . A living will is a guide for your doctors and family members as to what you would want to happen for end of life care if you have been diagnosed with a terminal illness and are unable at the time to express your own wishes.

Making a Will can be simple, but everyone's needs are different so it is important to get the right advice from the start. We will work with you to make sure your Will is right for you and your circumstances.

Call the Thorntons Private Client team on 03330 430150 to find out more about our Wills and Will writing services, or complete our enquiry form and we will contact you.

Our Services

We offer a full range of Private Client services, available through our network of offices.

Meet the Experts

Bruce Renfrew

Residential Property, Wills, Trusts & Succession

Lisa Hainey

Legal Director

Wills, Trusts & Succession

Hannah Dossett

Tax Assistant

Stuart Mackie

Dundee, Montrose

Stephanie Pratt

Cupar, Perth

Gillian McDonald

Trust Manager

Ashley McGonagle

Senior Executry Manager

Caroline Brown

Trainee Executry Manager

Alan Thomson

Sue Arrowsmith Rodger

Finlay Williamson

Elaine Grzywa

Executry Supervisor

Lauren McIntosh

Senior Solicitor

Stephanie Hayes

Krysty Steele

Cathy Munro

Aimee Young

Morna Coutts

Marie Fortune

Executry Manager

Land & Rural Business, Wills, Trusts & Succession

Duncan Shaw

Ross Cargill

Audrey Dishington

Anstruther , St Andrews

Anna MacLeod-Adams

Chris Gardiner

Anne McKeown

Forfar, Montrose

Michelle Wilson

Dylan Mitchell

Millie Griffiths

Graham Lambert

Graeme Dickson

Edinburgh, Glasgow

Corah Franco

Glyn Roberts

Senior Trust Manager

Jennifer Sturrock

Harriet Grant

Murray Etherington

Carly Gibson

Magnus Mackay

Megan Maclean

Louise Wilson

James Brogan

Edinburgh, Bonnyrigg

Hannah Haig

Trainee Trust Manager

Darren Lumsden

Lynne Hopkins

Nicole Whitton

Maxine Chiverton

Andrew Bird

Nick Barclay

Moira McInnes

Senior Associate

Natalie Holden

Sara Beattie

Audrey Ford

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Yana Lagatski

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Brooke Stephen

Rachel Anderson

Stacey Culloch

Hannah Fitzgibbon

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Effective from 19th July, our Edinburgh office at 16 - 20 Castle Street, Edinburgh, EH2 3AT, will be temporarily closed as we are in the process of relocating. During this period, there will be no staff at this office.

Please be assured that it is business as usual. You can continue to contact your solicitor by phone or email for any assistance or to discuss your case. We appreciate your understanding and are committed to ensuring that our services remain uninterrupted during this transition.

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Creating a will is crucial, yet approximately 60% of UK adults lack this essential document. Despite assuming that your assets will automatically pass to your family, this isn't always the case. Having a will is vital to ensure your family's well-being and prevent disputes.

Every adult, regardless of the size of their estate or property ownership status, should create a will. Without one, the law dictates the distribution of your estate, potentially conflicting with your intentions and leading to family conflicts. Additionally, settling the estate without a will is lengthier and costlier.

The importance of having a will cannot be overstated due to several reasons:

• Distribution of Assets: Without a will, legal rules decide how your money and possessions are allocated, often not aligning with your wishes.
• Unmarried Partners: Unmarried partners cannot inherit from each other without a will, posing financial challenges for the surviving partner.
• Changing Circumstances: Life changes, like separation, require updating your will to reflect current relationships and wishes regarding inheritance.
• Children's Welfare: If you have children, a will ensures suitable arrangements are made for them if one or both parents pass away.
• Tax Reduction: Proper advice and a will can potentially reduce the inheritance tax payable.

When preparing your will, consider these vital points:

• Executor Selection: Choose a trusted person (spouse, adult child, or family member) to manage your estate, settle debts, and distribute assets to beneficiaries.
• Asset Details: Specify the assets you have, including money and property, and decide who should inherit them.
• List of Beneficiaries: Create a list of individuals who will inherit your assets, known as beneficiaries.
• Child Guardianship: If you have children under 16, appoint a guardian in your will to ensure their proper care.

Many people delay making a will, but it is crucial for your family's security and your peace of mind. If you answer YES to any of the following questions, it's imperative to create a will:

• Are you Married, Separated, Divorced?
• Do you have children?
• Do you have property?
• Do you have savings?

Talk to Thompsons Will Writing Solicitors in Scotland

At Thompsons, we have a solicitor-led team dedicated to help you safeguard the interests of your family, friends and dependants and you don’t even have to visit us. Using our easy-to-understand Will questionnaire, we can create your Will from the information you provide from the comfort of your own home.

Talk to Thompsons specialist Will writing solicitors today to ensure your Will is created exactly how you want it.

MAKING A WILL FAQS

Who should have a will, can my will be updated, what is an executor, what is the role of an executor, who should i choose as my executor(s).

You can choose between one and four people to be named as executors in your Will.

We advise clients to appoint more than one executor in case one of them dies, unless your named executor is a law firm.

• Relatives or friends
• Solicitors or accountants

DO I NEED TO APPOINT GUARDIANS?

What if i own a property jointly.

When you own property with another person and there is a clause in the title deeds that states that the property is owned by for example Jean Smith and John Brown equally between and to the survivor…

This means you have a survivorship destination this means on your death your half of the property would automatically be passed to the other co-owner and vice versa.

If your title deeds contains a survivorship destination and you wish to leave your share of the property to someone else in your Will, you will require to instruct a solicitor to remove the survivorship destination before proceeding with your Will.

IS IT POSSIBLE TO GIVE MY HOUSE TO MULTIPLE PEOPLE?

What’s the best way of leaving my house in my will, can i leave members of my family out my will, should i include my pension and life insurance policies in my will, are there tax consequences.

Depending on how much you own at the time of your death you may have to pay Inheritance Tax. Currently, your estate will owe tax at 40% on anything above the £325,000 IHT threshold when you die (or 36% if you leave at least 10% to a charity).

When you die, any assets left to your surviving spouse or registered civil partner are exempt from IHT (provided they are UK-domiciled), and together a couple can currently leave £650,000 tax-free once both have passed away provided the predeceasing spouse did not use any part of their own nil rate band.

There are ways to ensure you won’t have to pay more IHT that you need to, our specialist solicitors can provide advice on this when drafting your Will.

HOW MUCH DOES IT COST?

Power of attorney.

Many people automatically think that after creating a Will they are protected should they be involved in an accident or fall ill and are unable to deal with their affairs, this is not the case.

A Will is not a power of attorney and should you become incapable of dealing with your affairs in the future a POA requires to be drawn up. To plan for the future while you have the capacity to do so you need to create a poa.

For further information on creating a POA click here.

Excellent support

Emma was excellent and very supportive in helping us create joint wills. She answered all questions in a timely manner and the whole process was very quick.

Executor of Alan Granger

Very helpful didnt hesitate when answering our enquiries all Emails answered promptly pleased with overall experience

Executor of Estate

I have had a very positive experience with Thompsons solicitors. Especially their lawyer Hayden Bain who has been professional throughout. Keeping me informed and responding quickly to queries.I would highly recommend this firm of solicitors.

Will writing

Very professional and friendly. Explained everything so I understood fully

Will Service

I used Thompsons Solicitors for the free will service via Unite the Union. They were very helpful guiding me through every step of the process which was great because I had never experienced that type of task before, as would be the case for most people.

Family will

First time me and my partner doing our family will. We had Emma who helped us and was great from start to finish with everything and any enquiries or anything we weren’t sure of. Would defo recommend

Update of wills

I dealt with Emma McFadden who was a pleasure to deal with. Concise and considerate and made the process so easy.

Will arrangements

Emma was very understanding and made sure we were fully aware of the procedure highly recommended

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Legal Will Writers for Safe On-line Wills

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  The Legal Will Writers Group

The Legal Will Writers group includes  Legal Will Writers of Northumberland  local independent Will writing specialists and Estate Planning Practitioners  covering Northumberland and the Scottish Borders while   Legal Will Writers of Moray covers Moray, Aberdeenshire. Strathspey, Inverness and the Highlands.  Legal Will Writers for UK Expats offers specialist worldwide Will Writing service for UK Expats living abroad.

We first became a Member of the Society of Will Writers and Estate Management Practitioners in 2001. This self regulatory body seeks to protect the public by vetting practitioners through stringent membership requirements, a strict Code of Practice, proficiency standards to which we fully adhere. We are qualified to draft Wills to comply with either Scottish or English Law.

Online   e-Wills... for budget Wills

Legal Will Writers of Yorkshire offer an inexpensive online Will writing service (e-Wills) we send you an information pack by email together with a questionaire which you complete on your computer and return by email.

A qualified legal Will writer will then draft your Will to suit your individual wishes based on your instructions from the completed questionaire. We then send you a draft copy for you to check nd make changes if you wish before sending the final copy of the Will by email (together with the signing instructions) for you to print off and sign.             

This service is far superior to the DIY Will pack from the high street stationers or the on-line DIY Will services (where you only get an automated computer Will) because your Will is actually drafted by a real live qualified Will writer.... but at the same low price.        e-Wills from £80 for a standard single Will

  Wills by Post or email

We also offer a low cost Will Writing service by post or email (without the home visit), which includes a free Information pack and full telephone or WhatsApp or Facetime consultation. Once we have answered your questions and explained your choices we can take your instructions either by telephone, post or email.

Legal Will Writers of Yorkshire will then prepare your Will in draft form for you to check or you can make changes at this stage. Once you approve the draft copy we prepare the final version and post a printed and bound copy to you with full and easy to understand explanations ready for you to sign and have witnessed.

  Free a Free consultation or information pack on making a Will email us now:  email [email protected]   or telephone 07485 418270

Wills and Executries

A Will, properly drawn up by a solicitor, provides instruction to ensure that on your death, everything that you own will be handled in accordance with your wishes and be passed on to the people of your choice. There are several reasons you should make a Will, these are just a few:

• You can ensure that your estate will pass to your intended beneficiaries. It is especially important to have a Will written if you have family members who financially depend on you, or if you would like to leave something to an individual outside your immediate family.
• It is a popular belief, for example, that on the death of a husband, his whole estate will pass automatically to his wife. This is not necessarily the case. On intestacy (where there is no Will), a widow has certain prior and legal rights, but after these have been paid, the remainder of the estate will go to any children or even to parents and siblings of the deceased, in preference to the widow.
• In your Will, you will appoint an Executor or Executors of your choice. Your Executors may be family, your solicitor or someone else. Peterkins Trustees Limited can also be appointed as your Executor at no extra cost. It is the duty of the Executors to see that the terms of the Will are carried out and to deal with any legal formalities. If you have not made a Will, an Executor will have to be appointed by the court, which will incur a delay and expense that can be avoided if there is a Will.
• Where your beneficiaries are children, you can incorporate provisions in your Will to deal with their shares until they reach a certain age. Additionally, you can appoint legal guardians for your children.
• You can take steps in your Will to reduce the amount of Inheritance Tax payable on your property and money left behind, thus leaving more for your beneficiaries.

If any of your personal circumstances have changed, such as marriage, divorce, the arrival of children or grandchildren, purchase of property and so on, we would strongly recommend you make a new Will. We advise our clients to review their Will every 5 years to make sure it is still fit for their needs.

The whole process is usually completed in approximately 4-6 weeks, depending on how quickly you respond to inform us that the draft Will we have prepared fits your requirements.

The role of an Executor is to stand in the place of the deceased to wind up his or her estate. In a situation where there is no Will, and therefore no Executor appointed, the Court will appoint an Executor Dative. However, if there is a Will, then an Executor Nominate will have been chosen by the individual. Both types of Executor have legal obligations in dealing with a deceased person's estate, and It is important they take advice from a solicitor.

The main duties of an Executor include:

• In most cases, applying to the local Sheriff Court for a grant of Confirmation. This is a legal document which gives authority to the Executor to uplift all of the funds and other property due to the estate, and deal with their assets as per instructions in the Will.
• Calculating and paying Inheritance Tax on the estate.
• Ensure Income Tax matters are closed for the deceased’s lifetime record with HMRC.
• Ingather all of the assets of the deceased, pay the funeral expenses and all debts, including debts known as Legal Rights. Under Scots Law, irrespective of the terms of any Will, a surviving spouse and children are entitled to Legal Rights out of the estate, so these must be settled. The remainder of the estate should then be settled by paying or transferring to the beneficiaries in the terms of the Will, or if there is no Will, in terms of intestate succession (the law will decide how the estate is distributed).

Inheritance Tax

Inheritance Tax (IHT) defines tax on the estate (the property, money and possessions) of the deceased individual. It can also apply to gifts made during an individual’s lifetime. The threshold at which Inheritance Tax (IHT) becomes payable is set annually in the Budget. The tax-free threshold, or otherwise referred to as nil rate band (NRB), is £325,000 for the current tax year. If part of your estate is of greater value than this threshold, it will be subject to 40% tax. Married couples or civil partners can have a combined NRB of up to £650,000, as unused NRB of the first civil partner or spouse to pass away, referred to as transferable nil rate band (TNRB), can be claimed on the passing of the survivor.

Another tax band to be aware of is the residence nil rate band (RNRB). This is applicable for deaths on or after 6 April 2017, where the deceased owned a home or share of a home, which is then inherited by direct descendants. The RNRB first came into effect in tax year 2017/2018 at £100,000 and will increase by £25,000 each year until reaching £175,000 in tax year 2020/2021. After this, it will increase by the Consumer Prices Index (CPI).

With thorough planning, however, there are many ways to reduce the liability of an estate to IHT. Many pension and life assurance policies can be written in trust allowing any lump sum benefits to fall out with the deceased's estate and are therefore free of IHT. In addition, gifts made during a person's lifetime, provided certain conditions are met, are "potentially exempt transfers" (PETs). These gifts become exempt only if the donor survives for seven years, although life insurance may be available to protect the estate against the cost in the event of an early death.

Further Tax Planning advice can be obtained from our Financial Services Department. Please contact:

John Barrowman, Head of Financial Services, [email protected], 01224 428270

Trusts can be set up by Wills as a mechanism to deal with a person's estate after death or can be set up to operate during the creator's lifetime. A third party, known as the 'Trustee', will take care of the assets to avoid anything passing to an individual you do not wish to benefit.

Reasons for the establishment of a trust include:

• To provide for children while they are young
• To preserve the family wealth
• To provide an income for a person while preserving the capital to pass to another person at a later stage
• To transfer wealth in a tax efficient way
• To provide for people who are incapacitated
• To administer funds for charitable purposes

Establishing trusts can be advantageous for many different situations. At Peterkins, we have extensive experience of creating and administering various types of trust, both during your lifetime and in terms of Will structures.

Power of Attorney

A Power of Attorney (PoA) is a legal document which gives authority to another person or persons to manage your affairs and make decisions on your behalf.

In the unfortunate situation that you are no longer able to manage your own affairs in the future, due to illness or old age for example, then having a PoA previously signed will ensure things are taken care of in the way you would expect. A PoA can also be used to allow a representative to act for you in your absence, for example, if you are leaving the UK for an extended period.

Anyone you wish can be appointed as your PoA, usually this would be a family member or close friend. Peterkins trustee company, Peterkins Trustees Limited, can also be appointed to act on your behalf.

If you become debilitated and do not have a PoA, one or more family members or friends will be required to initiate a Court process to become a Guardian. This is a timely and costly process: usually upwards of 6 months and costs minimum £3,000. By having a Power of Attorney, you can avoid this.

It is usually recommended that any individual who owns an asset should have a Power of Attorney.

At Peterkins, we strongly advise that clients put a PoA in place, regardless of age or health. A Power of Attorney can only be granted when you have the mental capacity to do so, therefore it should be done sooner rather than later so it can act as a safety net.

There are two main types of powers which are used by your Attorney, these are detailed as follows:

A Power of Attorney can be revoked at any time – providing you have the mental capacity to do so.

Your Power of Attorney must be registered with the OPG (Office of the Public Guardian) before it can be used.

The process usually takes a few weeks for a PoA to be signed, depending on how quickly you respond to our initial draft. Once the PoA is signed by you, the OPG’s target is to complete registration within 30 working days, although this can be brought forward to 5 working days if the circumstances are urgent. For example, if you require to be moved into assisted accommodation and payment to the care provider needs to be made as soon as possible to facilitate this.

The Financial Conduct Authority do not regulate tax, IHT, wills and trusts.

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Will Services Scotland

Securing the future for you and your loved ones.

Will Services Scotland provide professional personal will writing and estate planning services throughout Edinburgh, Fife, East Lothian, West Lothian, Midlothian, Lanarkshire, Glasgow, Strathclyde & the Borders Region .

Our Services

Wills – advice & assistance.

Choose where your assets go in the event of your death. List your own wishes instead of those determined by law.

Power of Attorney

Plan for someone else to manage your financial affairs and welfare in the event of you becoming incapacitated through illness.

Long-term Care Cost Planning

Plan for the eventuality of going into long term care and all the cost implications that may have.

Pre-paid Funeral Plans

Setup funeral arrangements in advance, relieving any worries and financial stress for your loved ones.

Estate Planning

Maximise the benefits your estate can bring to your loved ones.

Inheritance Tax Advice

Ensure you are aware of inheritance tax issues and are leaving your estate with maximum allowances.

Executry & Confirmation

A complete service to wind-up your estate, at a time when administration can be daunting for loved ones.

Speak to an Adviser today

Arrange a FREE no-obligation consultation We can discuss things over the phone or we can visit you at home at a time that suits you, including evenings.

0131 332 1329

[email protected]

Will Services Scotland Ltd. Reg. Office: 22a Rutland Square, Edinburgh, EH1 2BB

Reg. company in Scotland – SC337264

Accreditation

Will Services Scotland Ltd. are members of The Society of Will Writers

The simple way to write a Scottish Will

We give you a quick and easy way to make a legally binding Scottish Will with unlimited updates for an affordable price.

Write your Will in as little as 15 minutes

Writing a Will in the digital world does not require expensive face-to-face time with a solicitor. Our automated online platform enables you to make a legally binding document, designed with expert legal input from Scottish solicitors, in as little as 15 minutes. All with clear and helpful guidance at each step.

• Legally binding document
• Suitable for Scottish residents
• Quick and easy to complete
• Clear guides and support
• Unlimited free updates

How does it work?

Writing a Will sounds complex. You are looking for an easy way to make a legal document that reflects your wishes.

See how our online service helps guide you though the process. From registering for a free account to purchasing your document.

If you still have questions, read our FAQs or read our detailed guide about Writing a Will in Scotland .

How to write a Will

Three easy steps using our online platform

Answer some simple questions

We will ask you some quick and easy questions about your wishes. You can write your document in as little as 15 minutes.

Review your Will

Our online platform is designed with expert legal input from Scottish solicitors. You just need to confirm your wishes are correct.

Print and sign

Print and then sign each page of your Will document, then you and a witness should sign and date it on the last page to make it legally binding. You can make changes for free, at any time with a subscription.

Cost of making a Will

Unlimited updates anytime when your circumstances change, included free for the first year, then choose to continue for only £10 per year.

Typical Solicitor

Everything you need to write your own will.

Choose a topic and read our detailed guide on how to write a Will in Scotland .

Frequently Asked Questions

Find the answers to the questions we get asked the most.

No, you do not need to use a solicitor to write a Will. You should seek the advice of a solicitor in certain circumstances, for example if you have property overseas or need help with Inheritance Tax planning. Our Wills provide everything you need for a standard Will, including gifting cash and items, sharing your estate, naming Guardians for your children and planning your funeral.

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Yes it is. Our Will writing platform has been designed with expert legal input from Scottish solicitors and as long as each page of your Will is signed at the bottom and then signed and witnessed on the last page, your Will will be legally binding giving you peace of mind.

Solicitors typically charge over £300 to write a single Will with additional costs for any amendments you make want to subsequently make. Many cheaper online Will writing services do not offer Wills that are legally binding in Scotland. We offer a quick and easy way to make a legally binding Will under Scots Law for only £90 with unlimited updates for a year .

You should always keep your Will updated, especially if there has been a change of your circumstances, such as getting married, divorced, having children, receiving an inheritance or selling assets. It is important not to make changes to an existing Will document that has been signed and witnessed. Any changes made this way do not form part of the original legally valid Will. per year ongoing.

You can update your Will as many times as you wish during the first year for no additional charge. After the first year you can choose to continue having access to make changes for only £10 per year .

If a person dies without making a Will they are considered 'dying intestate', their estate will be shared according to the rules of intestacy . To avoid this happening it is always best to make a valid Will to help your family members to make sure your wishes are executed.

All of our Wills come with free unlimited updates for the first year. As your circumstances change, you can update your Will to reflect your new wishes and create a new Will document. After the first year, you can choose to continue to have unlimited updates for only £10 per year .

We work closely with a Scottish law firm who operate nationwide and are experts in the areas of Wills and Inheritance. If you choose to store your Will with them, they will ensure your Will is signed correctly and store your Will securely in their safe for free and provide you with a copy of the signed document by post for your own records.

You do not need to know any legal jargon to use our online Will writing service. We make every step easy to understand and complete. If you have any questions please refer to our extensive Help Centre.

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Power Of Attorney Lawyer Aberdeen

If you’re based in Aberdeen, and you need a Trust, Will Writing, Power of Attorney or Estate Planning, we can help. We also cope with guardianship orders and inheritance tax and inheritance tax preparation.

Executry lawyers Aberdeen – what do you do?

As lawyers that are executry we cover all facets of power of attorney including the set up ordinary power of attorney. We can also help if you need to rebuke being power of attorney and have of getting power of attorney a fixed cost.

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We perform work as an estate law firm. We can handle estate planning and another legal estate work including estate wills. In England this type of work is called ‘probate’ whereas as ‘grant of confirmation, this is known in Scotland, although the term probate attorneys is still a greatly recognised phrase to use north of the border or estate probate lawyers.

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Our guardianship lawyers who’ve been advising clients on all things related to executry law for several years . We cover guardianship orders and fiscal guardianship, welfare guardianship.

Executry Lawyers Aberdeen – get in touch

Should you be seeking an experienced executry law firm and want help with wills, living trusts, living power of guardianship orders or attorney, inheritance tax preparation or really anything related to executry law. We pride ourselves in giving the people of Aberdeen clear-cut, honest guidance. Get on touch today on 01224 515442 .

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