What do our estate planning lawyers in Edinburgh do?

Our estate planning lawyers in Edinburgh help you create legal documents that protect your assets and ensure your wishes are followed. We draft wills, establish trusts, prepare powers of attorney, and provide guidance on minimising taxes and avoiding confirmation. Our role is to create a comprehensive plan that secures your family's financial future.

What happens if someone loses capacity without a Power of Attorney?

If no Power of Attorney is in place, family members may need to apply for intervention orders or guardianship through the court to gain legal authority to act on behalf of their loved one. This can be a more time-consuming and costly process, particularly when important financial decisions need to be made urgently. Planning ahead can help avoid this situation.

What does estate planning involve in Scotland?

Estate planning involves putting the right legal documents in place to protect your assets and ensure your wishes are followed. This typically includes Wills, Powers of Attorney, and trust arrangements. A solicitor can provide advice on structuring your estate, helping with financial decisions, and ensuring everything is legally valid and tailored to your circumstances.

How are debts and legal rights handled after death?

When someone passes away, their estate is used for paying debts before any assets are distributed to beneficiaries. In Scotland, certain family members may also have legal rights to part of the estate, regardless of the contents of the Will. Seeking professional guidance can help ensure these legal matters are handled correctly and in line with Scottish law.

Trust Solicitors, Edinburgh

Protect your assets, provide for your family, and plan your estate with confidence. Jones Whyte’s specialist trust solicitors in Edinburgh offer expert, practical advice on setting up, managing, and administering trusts under Scots law.

Give us a call on the number below or leave your contact details via the form and we’ll call you back.

Request a Free Trust Consultation

ACCREDITED SPECIALISTS IN TRUST PLANNING

Legal Services for Trust Planning in Edinburgh

A trust is one of the most powerful and flexible tools available in Scottish estate planning. Whether your goal is to protect assets for future generations, provide for a vulnerable family member, reduce inheritance tax exposure, or preserve family wealth across a complex family structure, our tax planning specialists in Edinburgh have the expertise to deliver the right solution.

Trusts in Scotland are governed by a distinct legal framework – primarily the Trusts (Scotland) Act 1921 and the Succession (Scotland) Act 1964 – that differs meaningfully from the law in England and Wales. At Jones Whyte, our experienced lawyers in Edinburgh are specialists in Scottish trust law, ensuring your trust is correctly structured, legally sound, and achieves your objectives.

From our Edinburgh office at 3 Hill Street, EH2 3JP, we advise individuals, families, and business owners across Edinburgh and the Lothians on the full spectrum of trust arrangements – from straightforward testamentary trusts within a Will, to more complex structures created during your lifetime.

WHERE YOU CAN FIND US

Visit Our Edinburgh Office

0131 608 3010 | info@joneswhyte.co.uk

Edinburgh
3 Hill Street,
Edinburgh,
EH2 3JP

Opening hours
Monday-Friday 9am-5pm

Looking to Explore Trust Options to Protect Your Assets?

Our estate planning team have extensive experience in trust planning, especially for clients who are based in Edinbrugh. Regulated by the Law Society of Scotland, our solicitors and expert consultants provide clear advice on setting up a Trust, the type of Trust that is best suited to your circumstances and how they can be utilised to minimise your IHT liability.

Give our Edinburgh office a call today.

OUR SERVICES

Types of Trusts Available in Scotland

There is no single type of trust that suits every situation. Our Edinburgh trust lawyers will assess your circumstances and recommend the most appropriate structure. Common trust types used in Scotland include:

MOST FLEXIBLE

Discretionary Trust

Trustees have full discretion over how and when income and capital is distributed among a defined class of beneficiaries.

Maximum flexibility for trustees
Useful for protecting vulnerable beneficiaries
Can accommodate changing circumstances
Potential inheritance tax planning benefits
Suitable for lifetime or testamentary use

SCOTTISH SPECIFIC

Liferent Trust

A uniquely Scottish arrangement granting a liferenter the right to use or receive income from assets during their lifetime, with assets passing to the fiars on death.

Protects a surviving spouse or partner
Preserves capital for children or other fiars
Commonly used in blended family situations
Can be created within a will or during lifetime
Effective for property and investment assets

STRAIGHFORWARD

Bare Trust

Assets are held by trustees for the absolute benefit of a named beneficiary, who has an immediate and unconditional right to the trust assets.

Why Choose Jones Whyte, Edinburgh?

Specialists in Scottish Trust Planning

Scottish trust law is a distinct legal discipline. Our Edinburgh trust lawyers have deep specialist knowledge of the Trusts (Scotland) Acts, succession law, and the interaction between trust structures and Scottish property law.

Qualified and Regulated by the Law Society of Scotland

All trust work is carried out by fully qualified solicitors regulated by the Law Society of Scotland – giving you complete confidence in the quality and legality of your trust documentation.

Edinburgh Office and Accessible Service

Our Edinburgh office at 3 Hill Street, EH2 3JP is conveniently located in the city centre. We offer in-person, telephone, and video appointments – and can visit clients at home where appropriate.

Integrated Private Client Services

We never advise on trusts in isolation. Our Edinburgh private client team considers your Will, Power of Attorney, inheritance tax position, and wider family circumstances together, ensuring a coherent and comprehensive estate plan.

Meet Our Trust Planning Experts

At Jones Whyte, our experienced legal professionals pride themselves on responding quickly, resolving your needs and providing you with ongoing help and support.

Find a Solicitor

Gregg McGeoch

Senior Estate Planning Consultant

Ross Anderson

Partner

Jennifer Watson

Senior Solicitor

When Might You Need to Consider a Trust?

Trusts are not just for the very wealthy. There are many everyday circumstances in which setting up a trust through our Edinburgh trust solicitors makes sound practical and financial sense:

Blended Families

A liferent trust ensures a surviving spouse is provided for, while preserving your estate for children from a previous relationship.

Young or Vulnerable Beneficiaries

Prevent assets passing outright to a minor or a beneficiary with difficulties managing money by holding them under trustee oversight.

Inheritance Tax Planning

Certain trust structures, used appropriately, can form part of a wider strategy to reduce the inheritance tax liability on your estate.

Business Succession

Trusts can be used to hold business interests and facilitate smooth succession planning, protecting both family and business interests.

Property Protection

A trust can protect your property from being used to fund care home fees or from passing to an unintended person following a beneficiary’s remarriage.

Charitable Giving

A charitable trust can be a tax-efficient way to support causes you care about while potentially reducing your overall estate tax liability.