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Making a Will in Scotland

We cannot stress too highly the importance of making a Will. Family and personal relationships are now more complex than ever and the absence of a Will can cause significant problems and put the interests of both the immediate family and any business connections at risk. We encourage all our clients to make a Will so that proper arrangements can be made, avoiding unnecessary expense, for those who survive us on our death.


Fergusson Law's solicitors aim to de-mystify the procedures involved, and administer an Estate quickly and efficiently for a fixed fee.


A trust can help to protect assets and save tax at the same time. For example, you might want to give your niece a lump sum, but do not want her to spend it on the wrong things. By putting the money in trust, you can be sure that your niece will benefit from the money, but your appointed Trustees will manage the funds so that they are spent in line with your wishes.

Power of Attorney

We recommend that everyone grants a Power of Attorney as a safeguard against unforeseen events. If you have a Power of Attorney in place and circumstances arise whereby you are unable to act on your own behalf, your affairs can be dealt with in a simple manner with the minimum of formality, interruption and expense, by someone you trust.


If you become incapacitated a person with an interest in your affairs may apply to legally act on your behalf via the Sheriff Court. This person is called a Guardian. A Guardian is usually appointed for a period of three years or more. There are two types of Guardian who can do so - a Financial Guardian and a Welfare Guardian:

Court of Protection

This court is constituted in England and Wales for matters which in Scotland are dealt with by Guardianship and the Office of the Public Guardian.

The Court of Protection’s role is to make decisions on behalf of people who lack the capacity to make them for themselves, due to impairment in the functioning of the brain.

Living Wills

A living will is an instruction to the medical profession about your wishes in the event that you are incapacitated and unable to give instructions on your own. For instance, you can give instructions to the effect that you do not wish to be resuscitated if you are suffering from a particular medical condition.

Inheritance Tax

We will advise on Inheritance Tax and Capital Gains Tax and provide guidance as to how and when their effects can be mitigated. A good time to discuss these matters is when we are drawing up your Will.


Janice Fergusson Nisbet is a Notary Public recognized by the Law Societies of England, Scotland and Wales. Her seal and signature are registered with the Foreign and Commonwealth Office.


We aim to de-mystify the procedures involved in selling or buying property and deal with matters quickly and efficiently for a fixed fee.

Will & Executry Frequently Asked Questions

We have answered some of the frequently asked questions about Wills, Executors and the Executry process in Scotland. If you do have more questions or need legal advice on these matters, please do not hesitate to get in touch with us.