Do You Need a Will? Top Reasons to Write a Will in Scotland
September 10, 2026
It is one of the most put-off pieces of paperwork there is, yet a Will is one of the few...
Read More →Your estate plan decides who inherits, who makes decisions for you if you cannot, and how much of what you have built is lost to tax. Our estate planning lawyers put that plan in writing under Scots law, and keep it working as your life and the rules change.
Our Private Client team is dual-qualified, so we also provide expert legal advice to clients with homes, family members or assets in England and Wales.
Estate planning means arranging your legal and financial affairs now, so your wishes are carried out if you lose mental capacity or die. In Scotland, a complete estate plan usually includes a Will, a Power of Attorney, inheritance tax planning and, where it helps, a Trust.
A well structured estate plan lets you:
Scots law and the law of England and Wales treat Wills, inheritance and Powers of Attorney differently. If you own property on both sides of the border, have family there, or may move, your documents need to work in each place. Because our team is dual-qualified, we provide expert legal services on both.
With over 30 members of staff dedicated to our Private Client department and over 30 years of experience in this area of law, we are able to advise on all aspects of later life planning.
Our private client solicitors also advise on Bereavement matters such as estate administration, paying inheritance tax and applying for probate. Scots law differs greatly from English law in this area so choosing Jones Whyte means one team handling your whole case.
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Our partner led team of estate planning solicitors and consultants have years of experience in helping clients across Scotland, England & Wales start planning for the future.
Find your solicitorEach part of your plan does a different job. We can put one document in place or build a complete plan, and we make sure every part works with the others.
At Jones Whyte, we understand that legal matters can feel overwhelming and complex, especially when you’re trying to structure your estate in the most tax efficient way.
No matter the complexity of your case, we believe in clear communication, transparent processes, and a client-first approach. Reach out today and let us help you move forward with confidence.
Or simply fill out the contact form, and a member of our team will be in touch soon.
A Will sets out who inherits your estate and who deals with it as your executor (the person who gathers in your assets and pays them out). Without one, the Succession (Scotland) Act 1964 decides for you.
We draft standard Wills, complex Wills for blended families, business owners and people with property in more than one country, and discretionary Trust Wills that give your executors flexibility after your death. If you prefer, you can start your Will online.
A Power of Attorney lets someone you trust make decisions for you if you cannot. In Scotland that means a Continuing Power of Attorney for money and property, a Welfare Power of Attorney for health and care, or both together.
We also put in place combined Continuing and Welfare Powers of Attorney, apply for Guardianship Orders where no Power of Attorney exists, and advise on Lasting Power of Attorney for clients in England and Wales.
Inheritance tax is charged at 40% on the part of your estate above the tax-free thresholds. We use gifting, reliefs, Trusts and the structure of your Will to reduce what your family pays.
Our inheritance tax planning advice covers gifting strategies, inheritance tax and pensions, inheritance tax on property, business property relief and agricultural property relief, all built around the current thresholds and allowances to help you keep your estate tax efficient.
A Trust holds assets for the people you choose, under rules you set. Trusts can protect assets, family wealth, provide for a vulnerable beneficiary or form part of your inheritance tax plan.
We set up family and asset protection Trusts, testamentary Trusts created through your Will, and vulnerable persons Trusts for a beneficiary with a disability or care needs. We will tell you plainly whether a Trust would help, and which type suits you.
ESTATE PLANNING, SCOTLAND
Scots law has its own rules on inheritance and incapacity. Without a plan, those rules decide what happens, and they may not match what you want.
If you die without a Will, your estate is dealt with under the rules of intestacy. An unmarried partner has no automatic right to inherit and would have to make a claim through the court within a strict time limit. Your family would also need to apply to the sheriff court before anyone could deal with your estate.
In Scotland, a surviving spouse or civil partner and your children can claim a fixed share of your moveable estate, whatever your Will says. A properly drafted Will takes this into account so your wishes are not undone.
If you lose capacity, your family has no automatic right to run your bank accounts or make care decisions, even if you are married. Without a Power of Attorney they may need to apply to the sheriff court for a Guardianship Order, which usually takes longer and costs more.
The tax-free thresholds have not risen with house prices and are frozen until 2031. From April 2027, most unused pension funds will also count towards your estate for inheritance tax purposes. Planning early gives you more ways to reduce the bill.
Ultimately, anyone over the age of 18 will benefit from having a Will and Power of Attorney. However, planning is especially important if you:
PLAN FOR LATER LIFE TODAY
Not sure what you need or what it will cost? Start with one of our calculators. Both are free and give you a clear starting point for later life planning. If you gain more clarity, you can book a meeting with one of our private client solicitors.
WORRIED ABOUT INHERITANCE TAX?
Answer a few questions about your home, savings, pensions, business interests and past gifts. In under 3 minutes you will see:
Your result is an estimate for guidance, not tax advice. Our solicitors can confirm your position and build the plan.
WONDERING HOW MUCH ESTATE PLANNING COSTS?
Select the documents you want to put in place, from a single Will to a full plan with Powers of Attorney and Trusts. You will see:
Your estimate is based on the information you give. We confirm your fee in writing before any work starts.
We keep the process clear, so you always know what happens next
STEP 1
Call us, send an enquiry or use one of our calculators to share the basics of your estate and family.
STEP 2
We talk through your wishes, review your assets and explain your options in plain language.
STEP 3
You get a written recommendation and a confirmed fee before any work starts.
STEP 4
We draft your documents, guide you through signing and register them where necessary.
STEP 5
We review your plan when your life or the law changes, so it keeps doing its job.
It depends on which documents you need and how complex your estate is. A single Will costs much less than a full plan with Trusts and inheritance tax advice for more complex estates. Our estate planning cost calculator lets you choose the documents you need and gives you an estimated cost, or you can call us on 0141 674 4366 for a quote.
An estate planning solicitor looks at what you own, who depends on you and what you want to happen, then drafts the documents that make your wishes legally effective. That usually means a Will, Powers of Attorney, an inheritance tax plan and, where useful, a Trust. They also make sure each document is signed correctly and, where needed, registered.
Review your plan every three to five years and after any major life event, such as marriage, separation, a new child or grandchild, buying property or selling a business. In Scotland, getting married does not cancel an existing Will, unlike in England and Wales, so an old Will can still apply after you marry. Changes to tax rules are another reason to review.
Your estate passes under the intestacy rules in the Succession (Scotland) Act 1964. A surviving spouse or civil partner has prior rights first, which give them a claim to the family home, its furniture and a cash sum up to set limits. Legal rights come next, then the rest passes to relatives in a fixed order. An unmarried partner does not inherit automatically. Someone also has to apply to the sheriff court to be appointed as executor before the estate can be dealt with. Estate planning solicitors help avoid complications associated with dying intestate.
Seeking legal advice and understanding your needs can feel overwhelming. Our insights offer clarity and guidance, showing how we can support you every step of the way.
September 10, 2026
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