Wills Solicitors Glasgow

Will writing solicitors in Glasgow

Scotland has its own rules on wills, and they are different from England and Wales in ways that matter. Your spouse, civil partner and children have legal rights that a will cannot remove. Getting married does not cancel an existing will. And an unmarried partner has no automatic right to inherit at all. A will drafted by a Scottish solicitor takes all of this into account, so your wishes are carried out the way you intended.

We prepare single wills, mirror wills for couples and updated wills for clients in Glasgow, Edinburgh, Dumfries and throughout Scotland. We can also put a power of attorney in place at the same time, and when the time comes our executry team can help your family wind up your estate.

Our fixed fee wills and powers of attorney

Our fees are fixed and agreed before we start, so there are no surprises. All prices below are plus VAT at 20%.

• Single will £275
• Mirror wills for a couple £495

Will and power of attorney packages

Most clients put a power of attorney in place at the same time as their will, and our packages make that simpler and cheaper.

• Single will and power of attorney £595
• Mirror wills and powers of attorney £795
• Single power of attorney on its own £450
• Mirror powers of attorney on their own £600

Power of attorney prices are also plus the registration fee charged by the Office of the Public Guardian.

Why make a will?

• You decide who inherits, rather than leaving it to the rules of intestacy
• You can leave specific gifts, such as jewellery, family heirlooms or a sum of money
• You choose your executors, the people who will wind up your estate
• You can appoint a guardian for children under 16
• You can protect an unmarried partner, who would otherwise have no automatic right to inherit
• You can set up a trust for young or vulnerable beneficiaries
• You can plan for inheritance tax and leave gifts to charity
• You can record your funeral wishes, so your family does not have to guess

Read more about why you should write a will.

What happens if you die without a will in Scotland?

If you die without a will, you die intestate, and the Succession (Scotland) Act 1964 decides who inherits. A surviving spouse or civil partner has prior rights to the family home, its furniture and a cash sum, up to limits set by law. Legal rights come next. Whatever is left passes to relatives in a fixed order, which may not reflect what you would have wanted.

Cohabiting partners are in a much weaker position. An unmarried partner has no automatic right to anything and must apply to court within a strict time limit, with no guarantee of the outcome. A will removes that uncertainty. Read more about what happens when there is no will and your rights if your partner dies without a will.

Legal rights: what a will cannot change

In Scotland, your spouse or civil partner and your children are entitled to claim legal rights from your moveable estate, which is everything except land and buildings. A will cannot take these away.

• A spouse or civil partner can claim one third of the moveable estate if there are children, or one half if there are none.
• Children share one third of the moveable estate if there is a surviving spouse or civil partner, or one half if there is not.

Anyone who claims legal rights gives up what the will leaves them, so they will only do so if it is worth more. We take legal rights into account when we draft your will, which makes disputes far less likely. Our guide to children’s inheritance rights in Scotland explains more.

How we make your will

When should you update your will?

A will is only as good as it is up to date. Review yours after any of these:

• getting married or entering a civil partnership, because in Scotland your old will stays valid
• separating or divorcing
• having a child or grandchild
• buying or selling a home, or a big change in your finances
• the death of a beneficiary, executor or guardian named in your will
• moving abroad

Our guide on when you should update your will has more detail.

Wills and inheritance tax

Inheritance tax is a UK wide tax collected by HMRC, so the same rules apply in Scotland as in the rest of the UK. Tax is charged at 40% on the part of an estate above the available allowances:

• The nil rate band of £325,000
• The residence nil rate band of up to £175,000, when your home passes to your children or grandchildren
• Gifts to a spouse, civil partner or charity, which are generally exempt

Unused allowances can pass to a surviving spouse or civil partner, so a married couple can often leave up to £1 million free of inheritance tax. These allowances are frozen until 2031. We can explain how your will affects inheritance tax and tell you when specialist tax advice would be worthwhile.

Making a power of attorney at the same time

A will deals with what happens after you die. A power of attorney deals with what happens if you lose the ability to make decisions during your lifetime. A continuing power of attorney covers your money and property, and a welfare power of attorney covers decisions about your health and personal care. Both are registered with the Office of the Public Guardian. Without one, your family may have to apply to court for guardianship, which is slower and more expensive. Find out more about powers of attorney.

Why choose Simplicity Legal for your will?

• Fixed fees, published on this page and agreed before we start
• Plain English advice, without the legal jargon
• Scottish solicitors who understand legal rights, intestacy and Scottish succession law
• Regulated by the Law Society of Scotland, with professional indemnity insurance
• One team for your will, your power of attorney and, later, your executry

Contact our wills solicitors in Glasgow

Whether you are making your first will, updating an old one or planning with your partner, we would be glad to help. Call 0141 433 2626 or request a callback, and one of our wills solicitors will be in touch. We also have offices in Edinburgh and Dumfries. Clarity Simplicity Ltd is regulated by the Law Society of Scotland.

Thinking about a challenge to a will instead? Our solicitors also advise on will disputes. Please note, this advice does not apply to England and Wales.

Your will questions answered