What Happens If I Don’t Have a Power of Attorney in Scotland? | Watermans
Estate Planning Solicitors — Scotland
Effective estate planning involves preparing for the future of your assets, property and loved ones. At Watermans, our estate planning solicitors in Scotland provide straightforward, expert guidance on wills, inheritance tax and power of attorney. We take the hassle out of the legal process, ensuring your assets are distributed according to your wishes.
Our Succession Planning, Wills & Estate Planning Services
We offer a full range of succession planning services tailored to your circumstances and needs. Our private client lawyers will help you transfer assets, reduce inheritance tax and make effective estate planning decisions to benefit your family’s future. Ensure your legacy is protected for future generations with the expertise of Watermans by your side.Prompt and Friendly Service
"My partner and I used Watermans to update our Wills and have had a prompt and friendly service from Shawn Wood, the solicitor - both via email and face to face. We would certainly use them again for future legal work."
E Swaffield, Private Client Services
The Short of It
Watermans helps clients plan for the future
with confidence, offering practical advice every step of the way.
Our private client solicitors assist with creating wills, appointing powers of attorney,
inheritance tax planning, wealth management and protecting your digital legacy.
We provide effective estate planning support
to help protect your assets and to minimise the risk of challenge and unnecessary costs.
Everything we do at Watermans is about getting you the solution you need
and providing straightforward legal advice. It should be that simple.
The Long of It
Wills, Trusts and Succession Planning
What Does a Wills, Trusts and Succession Planning Solicitor Do?
Planning for the future may not always feel urgent, but it’s one of the most important life decisions to make.
While it’s easy to put off estate planning, acting sooner rather than later has advantages. Understanding your options empowers you to safeguard your private wealth and digital legacy, deal with your business affairs, reduce inheritance tax planning and ensure your wishes are protected and followed through.
Working with a private client solicitor allows you to establish clear, legally binding decisions regarding who will inherit your assets and how they should be managed. Watermans offers will-writing services and can advise on wealth management and tax liability planning.
We also assist in appointing a power of attorney should you no longer have the mental capacity to make your own decisions. This is essential to help your loved ones navigate complex legal and financial concerns.
The Benefits of Using a Will and Estate Planning Lawyer
Having a valid will ensures your wishes are respected and reduces the stress on your family when dealing with your estate.
Our specialist team offers clear, practical benefits for you and your family. You’ll receive:
- Personalised advice based on your family’s unique circumstances.
- Strategic guidance on creating trusts to manage private wealth and landed estates
- Support in managing foreign assets and cross-border matters
- Tax-efficient solutions for passing assets to the next generation
- Assistance with business succession planning
- A smooth, stress-free approach to complex estate planning matters
Wills and Power of Attorney
Why are Wills and Power of Attorney Important?
Wills, trusts and estates, and other aspects of estate planning are there to protect families and beneficiaries when you pass on.
Writing a will may be one of the most important legal documents you will ever create. By drawing up a will with a succession planning lawyer, you ensure your loved ones inherit what you intend them to.
Under Scottish succession law, it’s essential to nominate your beneficiaries and plan for the management and transfer of all assets, including business assets.
Without a will in place, Scots Law will dictate how the assets held are distributed. This could mean further costs and uncertainty for your loved ones. This may also mean that assets may go to individuals you did not want to include.
Following your death, your estate may need to go through a probate process. This is known as confirmation in Scotland. This process involves applying to the court to confirm the executor’s authority to gather, value and distribute your estate. With proper estate planning, our probate lawyers in Scotland can streamline this process.
What is a Power of Attorney?
A power of attorney is a legally binding document that nominates a trusted family member, civil partner, spouse or professional to act on your behalf. Unlike an executor, a power of attorney applies during your lifetime. Their duties are to take care of you, your finances, and your affairs if you become unable to do so for yourself.
If you are temporarily or permanently unable to take care of your health, well-being and administration of private wealth or finances, having a Power of Attorney in place will ensure that you are being cared for by somebody you trust to have your best interests at heart.
Other Private Client Services
What Other Private Client Services Do Watermans Offer?
Our specialist solicitors offer a range of estate planning services to help you manage your affairs with confidence and security. These include Transfer of Title, Inheritance Tax Planning, and managing your digital legacy.
To avoid causing undue stress, we suggest scheduling an appointment promptly to go over your wills, trusts and estates.
Planning ahead isn’t just for later life. Illness or incapacity can happen at any age and stage of your life, and having the right plans ensures your affairs will be managed smoothly.
Why Watermans?
At Watermans, our private client solicitors in Edinburgh combine legal expertise with a personal, compassionate approach. With over 30 years of extensive experience in estate planning in Scotland, we help you protect your legal rights and plan for whatever the future holds.
Whether navigating thoughtful bequests or providing for your spouse and children, our probate solicitors in Scotland are here to guide you through the legal process. We offer straightforward legal advice on managing your investments, assets, and family arrangements, ensuring your wishes are documented and respected.
We offer the following prices for our private client legal services:
- Single Will – starting from £300 plus VAT
Our will service includes meeting with you and advising you according to your specific circumstances, preparing and finalising your will document and storing this on your behalf.
- Single Power of Attorney – : £375 plus VAT and Registration Dues
As part of our power of attorney service, we will meet with you and discuss your your specific circumstances, advise you and then draft your power of attorney document. We will also contact and liaise with your chosen attorney or attorneys, provide the relevant certification and then register your power of attorney document with The Office of the Public Guardian in Scotland.
Succession Planning - FAQs
While it may be uncomfortable to think about, writing a will gives you peace of mind. It ensures your assets are distributed to the people you choose, and not by law. A valid will also reduces disputes and further distress for your family and friends as they mourn your loss. Having a will also ensures your funeral wishes are respected.
It is advisable to use probate solicitors in Edinburgh. Even with a simple will, legal clarity is key. A professional will-writing solicitor will ensure your instructions are clear and legally sound, avoiding disputes or delays for your beneficiaries. Don’t get caught out using an unregulated business to prepare your will, who may not have the insurance or expertise to handle such important matters.
The estate is everything you own when you die. This includes money, family businesses, property, assets and any other shares or trusts in different countries that you may have in your name.
Yes, there are key legal differences between Scottish and English wills, particularly concerning family estates. It’s best to use a Scottish lawyer for wills and trusts.
Watermans are trusted wills and trusts solicitors in Scotland.
Get in touch with our succession planning solicitors to ensure your affairs are in order.
Get in touch with us
Everything we do at Watermans is about getting you the resolution you need and making that process straightforward. Start the process by sending us your details below or calling us on 0131 555 7055
Our wills, trusts and succession expert
“Every client is different, so being able to provide straightforward advice to fit their personal situation is my goal. Knowing I can make a difference to individuals, families and clients in business, no matter the circumstances of their estate, is really rewarding.”
Hazel Johnson, Head of Private Client
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