Best Estate Planning Lawyers in Aberdeen

About Estate Planning Law in Aberdeen, United Kingdom

Estate planning in Aberdeen is governed by Scots law, which differs in important ways from the law in England and Wales. It covers wills, trusts, powers of attorney, advance directives, and the executry process known in Scotland as confirmation. A well prepared plan can direct who inherits, protect vulnerable beneficiaries, manage tax, and ensure that trusted people can make decisions for you if you lose capacity. Local practice runs through the Aberdeen Sheriff Court for confirmation and the Office of the Public Guardian Scotland for powers of attorney and guardianship supervision.

Because Scotland has unique rules on legal rights for spouses and children, survivorship destinations on property titles, and intestacy, advice tailored to Scottish law is essential if you live in Aberdeen or own Scottish assets.

Why You May Need a Lawyer

You want a valid Scottish will that reflects your wishes and works with local concepts like legal rights and survivorship destinations on title deeds.

You need a continuing power of attorney for finances and a welfare power of attorney for health and care decisions, properly drafted and registered so they can be used when required.

You are dealing with a death and must apply for confirmation, value the estate, handle inheritance tax reporting, ingather assets, pay debts, and distribute to beneficiaries.

You have a blended family, a business, agricultural assets, or beneficiaries with additional needs, and you want to use trusts or other structures to provide control and protection.

You own property in Scotland and elsewhere, and you need coordinated cross border planning that respects Scottish forced heirship rights and foreign succession rules.

You wish to mitigate inheritance tax using exemptions, reliefs, lifetime gifts, and the residence nil rate band, while avoiding gifts that could trigger unintended consequences.

You are concerned about future capacity or care costs, and you want to plan in a way that is effective and compliant with deprivation of assets rules.

You are a cohabitant or an executor facing potential claims, and you need advice on time limits and negotiation strategy.

Local Laws Overview

Wills and execution. In Scotland, a will must be in writing and signed by the granter. Having it witnessed by one witness aged 16 or over makes it self proving under the Requirements of Writing Scotland Act 1995. A person can make a will from age 12. There is no central registry for wills before death, but once confirmation is granted the will is typically on the court record.

Legal rights. Scotland has forced heirship style legal rights for a surviving spouse or civil partner and for children. These rights apply to the moveable estate, which includes money, investments, and most personal property, but not heritable property such as land and houses. Legal rights can be claimed even if the will tries to disinherit, and must be considered before distribution.

Intestacy. If there is no will, succession follows the Succession Scotland Act 1964 as amended. The surviving spouse or civil partner has prior rights to the family home, its furnishings, and a cash sum, with amounts set by regulations and updated from time to time. After prior rights, legal rights and statutory shares apply. Cohabitants may apply to the sheriff court for financial provision within a short time limit following death.

Property held jointly. Many Scottish titles include a survivorship destination. Property held with a survivorship destination usually passes automatically to the survivor outside the estate for confirmation and legal rights purposes, although overall inheritance tax still considers the deceased’s share.

Powers of attorney and incapacity. Continuing and welfare powers of attorney are created under the Adults with Incapacity Scotland Act 2000. They must be certified by a solicitor, advocate, or medical practitioner and registered with the Office of the Public Guardian Scotland before they can be used. If no power exists and capacity is lost, a guardianship or intervention order through the sheriff court may be required.

Advance directives. Advance directives, sometimes called living wills, are not set out in a single statute but are generally respected by clinicians as evidence of wishes, alongside the Adults with Incapacity framework and professional guidance.

Trusts. Scots trust law is distinct and was modernised by the Trusts and Succession Scotland Act 2024. Trustees have defined powers and duties, and many trusts must register with the UK Trust Registration Service. Charitable trusts are regulated by the Office of the Scottish Charity Regulator.

Executry and confirmation. The Scottish probate process is called confirmation and is handled by the sheriff court, locally the Aberdeen Sheriff Court. The executor prepares an inventory of estate assets, reports to HM Revenue and Customs as required, and lodges a C1 application to obtain the certificate of confirmation. Small estates under a set threshold can receive help from the sheriff clerk, and bonds of caution may be required in some intestate cases.

Inheritance tax. Inheritance tax is a UK wide tax. The standard nil rate band is currently 325,000, with a possible residence nil rate band for qualifying home transfers, and unused allowances can often transfer to a surviving spouse or civil partner. Business Property Relief and Agricultural Property Relief may apply. Many routine estates qualify as excepted estates under current HMRC rules and do not need full inheritance tax forms, although values still must be gathered accurately.

Care fees. Local authorities can assess means and may look at deliberate deprivation of assets. Sound planning focuses on appropriate use of powers of attorney, realistic gifting within means, and transparency.

Frequently Asked Questions

Is a will from England valid in Aberdeen

Possibly, but it should be reviewed. A will executed validly under the law of the place it was made is often recognised, however Scottish concepts like legal rights, special destinations on title deeds, and Scots confirmation mean you should have it checked by a Scottish solicitor to ensure it works as intended for Scottish assets.

What are legal rights and can my children claim them

Legal rights are claims that a surviving spouse or civil partner and children can make against the moveable estate, regardless of what the will says. Children can choose to claim or to accept what they receive under the will, but they cannot have both. These rights must be dealt with before distributing the estate.

What is confirmation and how long does it take in Aberdeen

Confirmation is the Scottish equivalent of probate. The executor submits an inventory of assets and court papers to the Aberdeen Sheriff Court. Straightforward applications can be processed within several weeks of lodging, but times vary, and estates involving inheritance tax, foreign assets, or complex valuations can take longer.

Do I need a witness for my Scottish will

A will signed by the granter can be valid without a witness, but it will not be self proving and may require extra evidence. Having one independent witness aged 16 or over, with their details on the will, is strongly recommended to avoid problems later.

What is a Scottish power of attorney and when should I make one

A continuing power of attorney covers finances and property, and a welfare power of attorney covers health and personal welfare. You can grant one while you have capacity, it must be certified by an authorised person, and it must be registered with the Office of the Public Guardian Scotland. Most people should make one as part of routine planning.

Can my cohabiting partner inherit if I die without a will

Cohabitants do not have automatic rights like spouses or civil partners. They can apply to the sheriff court for financial provision from the estate, but there is a strict time limit after death, so urgent legal advice is essential. Making a will is the best way to protect a cohabiting partner.

How do joint properties work in Scotland

Many Scottish title deeds use a survivorship destination, which passes the property automatically to the survivor on death and usually keeps it out of confirmation. If there is no survivorship destination, the deceased’s share falls into the estate. A solicitor can examine your title and advise on whether a change is appropriate.

Will the residence nil rate band apply to my estate

It can apply if you leave a qualifying residence to direct descendants and you meet value and taper conditions. The rules are detailed, and trusts or previous downsizing can still qualify in some cases. A solicitor can assess your position and coordinate with an adviser on tax.

Can I change how an estate is distributed after death

Beneficiaries can sometimes execute a deed of variation or disclaimer within two years of death to achieve a different outcome, often for family or tax reasons. In Scotland, variations must also respect legal rights and any survivorship arrangements. All affected parties must agree.

What if someone has lost capacity and there is no power of attorney

You may need to apply to the sheriff court for a guardianship or intervention order under the Adults with Incapacity Scotland Act 2000. This takes time and involves reports from professionals. Legal aid can be available in some cases. Putting a power of attorney in place early is usually quicker and cheaper.

Additional Resources

Law Society of Scotland, to find and check regulated Scottish solicitors and to understand professional standards.

Office of the Public Guardian Scotland, for registering powers of attorney and oversight of guardians and withdrawers.

Scottish Courts and Tribunals Service, for information about confirmation procedures and the Aberdeen Sheriff Court.

HM Revenue and Customs, for inheritance tax rules, guidance, and forms where reporting is required.

Citizens Advice Scotland, for free general guidance on wills, powers of attorney, and dealing with a death.

Age Scotland, for accessible guides on later life planning including powers of attorney and care.

Office of the Scottish Charity Regulator, for matters involving charitable legacies and Scottish charitable trusts.

Aberdeen City Council, for social work input on adults with incapacity applications and information about care assessments.

Next Steps

Clarify your goals. Note who you want to benefit, any vulnerable beneficiaries, charitable wishes, and your choices for executors, attorneys, and potential guardians for children.

List your assets and liabilities. Include property, bank accounts, investments, pensions, life policies, business interests, digital assets, and any jointly owned items. Identify any survivorship destinations on titles and nomination forms on pensions or death in service benefits.

Arrange an initial consultation with a Scottish solicitor experienced in estate planning and executry. Ask about scope, timelines, and costs. For estates after a death, bring the death certificate, the will if any, and as much asset information as possible.

Put key documents in place. Typically this includes a Scottish will, continuing and welfare powers of attorney, and if relevant an advance directive. Your solicitor can advise on trusts, letters of wishes, and title updates to or from survivorship destinations.

Coordinate tax and valuations. Where inheritance tax may apply, obtain professional valuations and consider reliefs such as Business Property Relief or Agricultural Property Relief. Keep records to support excepted estate treatment where available.

Review regularly. Revisit your plan after life events such as marriage or civil partnership, separation, children or grandchildren, major asset changes, or a move between jurisdictions.

If dealing with a death, the executor should secure assets, value the estate, check for legal rights, complete any HMRC reporting needed, lodge the C1 application for confirmation at the Aberdeen Sheriff Court, ingather funds once confirmation issues, pay debts and expenses, then distribute and prepare estate accounts.

If cost is a concern, ask about fixed fees for wills and powers of attorney, staged fees for executry work, and whether civil legal aid might apply to adults with incapacity cases. Early advice usually reduces overall costs and delays.