Wills, Tax and Estate Planning

Frequently Asked Questions


Why have a will?

Every year in Scotland, many people die without leaving a will. A will describes what you wish to happen to your estate upon your death and may save tax. Without a will, you will be “intestate”. The rules governing what happens to your estate in the event of intestacy are not always clear, but it is not automatically the case that your home and assets will pass to a spouse if you do not have a will.


Aren’t wills only for the affluent?

You may think you don’t have that much, and there is no need to worry about a will. You must, however, remember that life insurance policies are considered cash on your death. Depending upon what policies you may have, there may be a large lump sum to deal with upon your death.


Civil and unmarried partners?

Civil partners now have largely the same rights as spouses, provided the relationship has been registered. However, the law makes no provision for unmarried partners. We can advise on a will that can help provide for a civil or unmarried partner. Without this, it may be that your family, rather than your partner, inherit.

Why have a power of attorney?

A power of attorney enables another person to have a legal right to look after your welfare and financial affairs if you are unable or unwilling to act on your own behalf. They can help in a situation where someone is unwell (perhaps because of a stroke or other disability) or simply infirm and unable to take time to deal with their own affairs. We can advise on the proper terms of a power of attorney and the circumstances in which it might be appropriate.