Best Will & Testament Lawyers in Aberdeen

About Will & Testament Law in Aberdeen, United Kingdom

Aberdeen is in Scotland, and wills are governed by Scots law. A will lets you decide who inherits your money, property, and possessions, who will administer your estate, and any wishes you have about matters like guardians for children. In Scotland the court process to authorise an executor to deal with an estate is called confirmation. If you die without a will, Scots intestacy rules decide who inherits, which may be very different from what you expect.

Scottish rules have distinctive features compared with other parts of the United Kingdom, including legal rights for spouses or civil partners and children over your moveable estate, the concept of prior rights on intestacy, and the confirmation procedure through the sheriff court. Because Aberdeen estates are administered under Scots law, local procedure typically runs through Aberdeen Sheriff Court.

Why You May Need a Lawyer

You may benefit from a solicitor when your family circumstances or assets make planning or administration more complex. Common situations include blended families, second marriages, estranged relatives, or where you want to protect children from previous relationships.

Legal advice is valuable if you own a business, have significant pensions, life policies, or investments, hold property with a survivorship destination, or have assets in England, Wales, Northern Ireland, or overseas. Cross border estates often need coordinated advice to avoid conflicting rules.

A solicitor can help you plan around legal rights in Scotland, set up trusts for young or vulnerable beneficiaries, address special needs or means tested benefits, and draft clear instructions to reduce the risk of disputes. Advice is also important if you expect a challenge about capacity or undue influence, or if a cohabitant may make a claim.

On death, executors often instruct solicitors to apply for confirmation, value and ingather assets, settle debts and taxes, handle property sales, deal with legal rights or cohabitant claims, and distribute the estate correctly. Professional help can reduce delays, avoid personal liability for mistakes, and keep beneficiaries informed.

Local Laws Overview

Capacity and age: Under the Age of Legal Capacity Scotland Act 1991, a person aged 12 or over can generally make a will in Scotland, provided they understand what it means and are making it voluntarily.

Valid execution: A Scottish will must be in writing and signed by the person making it. For a will to be self proving in court, it should also be witnessed by one independent adult, who should add their name and address. Good practice is to date the will and sign each page, although the key legal signature is at the end.

Revocation and changes: A later will normally revokes an earlier one. Physical destruction with the intent to revoke can also be effective. Divorce or dissolution usually treats any appointment or bequest in favour of a former spouse or civil partner as revoked. Marriage does not revoke a Scottish will. Formal codicils can be used to make changes, but a new will is often clearer.

Legal rights: Regardless of your will, a spouse or civil partner and children have legal rights over your moveable estate, which includes cash, investments, and most personal property. If you leave a spouse or civil partner and children, each group can claim one third of moveables. If only a spouse or civil partner survives, they can claim one half. If only children survive, they can claim one half between them. Legal rights must be considered before distributing the estate.

Intestacy: If there is no will, Scots law gives a surviving spouse or civil partner prior rights to the family home up to a statutory value, household contents up to a statutory value, and a cash sum that depends on whether there are children. The remaining estate is shared under the Succession Scotland Act 1964 among children and other relatives according to a set order. Partners who are not married or in a civil partnership do not inherit automatically, but a cohabitant can apply to the sheriff court for financial provision within a short time limit.

Confirmation process: The executor named in the will is the executor nominate. If there is no will, the court appoints an executor dative. To obtain confirmation, the executor prepares an inventory of estate assets and values, completes the court forms, and deals with any Inheritance Tax before the grant issues. Confirmation authorises the executor to collect and transfer assets. A bond of caution may be required in some intestate estates. A simplified small estate process is available for lower value estates, subject to a statutory threshold.

Timescales and cautions: Executors typically wait at least six months from the date of death before distributing moveable assets. This allows time for claims by creditors, legal rights, and any cohabitant claim. Early distribution can expose an executor to personal liability.

Inheritance Tax and tax planning: Inheritance Tax is a UK wide tax. The nil rate band and the residence nil rate band may reduce tax, and there are exemptions for transfers to spouses or civil partners and to charities. Scottish income tax applies to estate income after death, and capital gains tax rules can affect post death disposals. Solicitors often coordinate with tax advisers.

Property ownership: Many Scottish titles include a survivorship destination. If so, the deceased share may pass automatically to the co owner, outside the will. Your solicitor can check the title and advise whether to retain or remove a survivorship destination during lifetime planning.

Frequently Asked Questions

Who can make a will in Scotland and what capacity is required

Anyone aged 12 or over can generally make a will in Scotland, provided they understand the nature and effect of the will and are acting freely. A solicitor will assess capacity and record instructions carefully to protect against later challenges.

What makes a Scottish will valid

It must be in writing and signed by you at the end. To make it self proving, have one independent adult witness sign and add their name and address. Dating the will and signing each page are best practice. Keep the original safe, since the court needs it for confirmation.

Do my spouse or civil partner and children have automatic rights even if my will says otherwise

Yes. Legal rights let a spouse or civil partner and children claim a fixed share of your moveable estate. They can choose to accept a legacy in the will or claim legal rights, but not both if that would lead to double recovery. These rights must be calculated before distribution.

What happens if I die without a will in Aberdeen

Scottish intestacy rules apply. A spouse or civil partner has prior rights to the home, contents, and a cash sum, then legal rights may apply, and the balance is shared among relatives in a set order. Unmarried partners do not inherit automatically but may apply to the sheriff court within a strict time limit for provision.

What is confirmation and how is it different from probate

Confirmation is the Scottish court authority that allows an executor to collect and transfer the deceased person’s assets. It is similar to probate in England and Wales but follows Scots procedure and forms. The application goes to the sheriff court serving the area where the deceased was domiciled, for Aberdeen that is Aberdeen Sheriff Court.

Can I write my own will or use a template

You can, but mistakes are common and can be costly. Templates rarely account for Scottish legal rights, survivorship destinations, or local confirmation requirements. A solicitor can tailor the will, ensure valid execution, and reduce risks of disputes or tax issues.

How are jointly owned homes and bank accounts treated

If a title or account includes a survivorship destination or is held as joint property with survivorship, the deceased share may pass to the survivor outside the will. If there is no survivorship, the deceased share forms part of the estate. Your solicitor will check the wording of titles and mandates.

How does divorce or separation affect my will

After divorce or dissolution, most provisions in favour of a former spouse or civil partner are treated as revoked, including appointments as executor, unless the will states otherwise. Separation without divorce does not automatically revoke provisions. Review your will on any change in relationship.

Is there a time limit to challenge a will or make a cohabitant claim

There are strict time limits. A cohabitant must apply to the sheriff court within a short period after death, commonly six months. Other court remedies, such as rectification of a will where it fails to reflect instructions due to an error, also have short deadlines. Get urgent advice if you think a claim is needed.

Do I need a solicitor to be my executor and how many executors should I name

You can appoint trusted individuals, a professional such as a solicitor, or both. It is sensible to name at least one substitute. Professional executors charge fees but can reduce the burden on family and help avoid mistakes. Executors must act in the best interests of the estate and keep records.

Additional Resources

Aberdeen Sheriff Court and Justice of the Peace Court, which deals with confirmation applications for local estates.

Scottish Courts and Tribunals Service, for forms and guidance on confirmation and small estates.

Law Society of Scotland, for finding a local solicitor experienced in wills, trusts, and executries.

Citizens Advice Scotland, for free general guidance on succession, funerals, and bereavement.

HM Revenue and Customs Inheritance Tax helpline, for IHT forms, thresholds, and payment guidance.

Aberdeen City Council Registrars and Bereavement Services, for death registration and practical arrangements.

Registers of Scotland, for property title checks and changes to the Land Register.

Office of the Scottish Charity Regulator, for questions about leaving gifts to charities and charity compliance.

MyGov.Scot, for public guidance on wills, power of attorney, and confirmation processes.

Family law and adults with incapacity services, for guardianship, advance directives, and related planning.

Next Steps

Clarify your goals. List who you want to benefit, any guardians for children, and who you trust to act as executor. Consider special circumstances such as vulnerable beneficiaries, business assets, or property abroad.

Gather key information. Prepare an asset and debt list, property titles, pension and life policy details, and any existing wills or letters of wishes. Note how any joint assets are held.

Speak to a Scottish solicitor in Aberdeen. Ask about experience with wills and executries, timescales, and fees. For straightforward wills, fixed fees are common. For complex estates, hourly rates or staged fees may apply.

Put a valid will in place. Your solicitor will draft clear terms that account for Scottish legal rights, tax, and survivorship destinations. Ensure the will is signed and properly witnessed. Store the original safely and tell your executors where it is kept.

Plan the wider picture. Consider powers of attorney, life insurance to cover IHT, and trust planning if appropriate. Review beneficiary nominations on pensions and death in service benefits, which usually sit outside your will.

Keep the plan under review. Revisit your will after major life events such as marriage, separation, divorce, a house move, business changes, or the birth of children, and at least every few years to ensure it remains up to date.

If a death has occurred, contact a solicitor promptly. They can advise the executor on immediate steps, valuing the estate, paying any Inheritance Tax, applying for confirmation, handling claims and legal rights, and making distributions safely. Avoid distributing assets until legal rights, creditor claims, and time limits have been addressed.