Best Will & Testament Lawyers in Stonehaven

About Will & Testament Law in Stonehaven, United Kingdom

Stonehaven is in Aberdeenshire and follows Scots law, which has its own rules on wills and estates that differ from the rules in England and Wales. A will, often called a will and testament, is a written document that sets out who should deal with your estate, who receives your assets, and any wishes such as funeral directions or guardians for children. In Scotland the person who administers the estate is called the executor. When someone dies, the executor usually applies to the Sheriff Court for a document called Confirmation, which proves their authority to collect in the assets and distribute them according to the will.

Scottish law gives certain automatic financial protections to a surviving spouse or civil partner and to children, known as legal rights. This means you can control who receives most of your estate, but those close family members may still be able to claim a share of the moveable estate even if your will says otherwise. Scotland also has distinct rules for what happens if there is no will, for the witnessing of wills, and for time limits on certain claims. Because Stonehaven residents are subject to these Scottish rules, local advice is important even if you have assets elsewhere in the United Kingdom.

Why You May Need a Lawyer

You may need a solicitor if you want to ensure your will is valid and fits Scottish requirements, if you have a blended family or wish to exclude a relative, or if you own a business, farm, or property in joint names. Legal help is also important where there are assets in more than one country, where a beneficiary is young or vulnerable, or where you wish to use trusts to control how and when beneficiaries receive funds. A solicitor can guide you on Scottish legal rights, on the effect of joint property and survivorship clauses, and on claims by cohabitants. Executors also often need help with Confirmation, inheritance tax reporting, and the process of gathering and distributing estate assets. If a will may be disputed because of capacity or undue influence concerns, or if there is no will and the family needs an executor appointed, professional advice reduces risk and delay.

Local Laws Overview

Formal validity of a Scottish will requires that it is in writing and signed by the person making it at the end. Having one independent witness makes the will self proving, which means the court can accept it without extra evidence of signature. Most solicitors still recommend a physical signature and an in person witness. A person aged 12 or over can make a will in Scotland. The witness should be an adult with capacity, ideally not a beneficiary.

Executors are named in the will. If there is no will, the court can appoint an executor dative. In some intestate cases a bond of caution, a type of insurance, is required before Confirmation. The executor applies to the Sheriff Court serving Stonehaven, which is Aberdeen Sheriff Court, with an inventory of estate and the appropriate tax paperwork. There is a simplified small estate procedure when the estate value is below a statutory threshold. Thresholds and forms change from time to time, so current court guidance should be checked.

Legal rights let a surviving spouse or civil partner and children claim a fixed share of the moveable estate, which includes money, investments, and some personal assets. Heritable property such as a house is treated differently for legal rights. If there is no will, the Succession Scotland legislation sets out a sequence that includes prior rights for the spouse or civil partner to housing and furniture up to set limits, then legal rights, then the balance goes to relatives in a set order. The cash and property limits for prior rights are set by law and can be updated, so figures should be confirmed at the time of death.

Marriage or entering a civil partnership does not revoke a Scottish will. Divorce or dissolution generally cancels any provision in favour of an ex spouse or ex civil partner and their appointment as executor, unless the will shows a different intention. A cohabitant may apply to the court for financial provision from an intestate estate but must do so within a strict time limit, usually six months from the date of death.

Inheritance tax is a UK wide tax. The nil rate band, residence nil rate band, and spouse or civil partner exemptions may apply. Estates that meet the excepted estate criteria follow a shorter reporting route. Larger or more complex estates need full inheritance tax returns before or alongside the Confirmation application. Deadlines apply for paying any tax and for interest charges, so executors should act promptly.

Many Scottish properties are held jointly with a survivorship destination. On death, that share passes automatically to the survivor and may not form part of the estate for Confirmation, though it can still be relevant for inheritance tax and legal rights. A solicitor can check the title deeds and advise on the interaction between survivorship and your will.

Frequently Asked Questions

What makes a will valid in Scotland?

A Scottish will should be in writing and signed by the person making it at the end of the document. Having one independent adult witness sign and add their details makes the will self proving, which helps the court accept it without additional evidence. Keep the original safe and unmarked, and avoid staples and attachments that could raise questions later.

Do I need witnesses for my will?

One witness is strongly recommended. A will signed without a witness can still be valid, but the executor may need to provide extra evidence to the court, which can add delay and cost. Choose a witness who is over 16, has capacity, and is not a beneficiary.

Does marriage, civil partnership, or divorce affect my will?

In Scotland, marriage or civil partnership does not revoke a will. Divorce or dissolution generally revokes any gift to an ex spouse or ex civil partner and their appointment as executor, unless the will states otherwise. You should review your will whenever your relationship status changes.

What happens if I die without a will in Stonehaven?

Scottish intestacy rules apply. A surviving spouse or civil partner has prior rights to the home and certain assets up to legal limits, then legal rights may be due to them and to children from the moveable estate, and the remaining estate passes to relatives in a set order. Someone, often a close family member, must ask the court to be appointed as executor dative, and a bond of caution may be required. Having a will avoids uncertainty and can reduce cost.

What are legal rights and can I exclude my spouse or children?

Legal rights let a surviving spouse or civil partner and children claim a fixed share of the moveable estate, regardless of what the will says. You can express your wishes in your will, but legal rights can still be claimed after death. A solicitor can help you plan with these rules in mind, for example by considering life policies in trust or other structures that suit your goals and remain within the law.

What is Confirmation and how do executors get it?

Confirmation is the Scottish court document that authorises executors to ingather and distribute estate assets. If there is a will, the named executor applies with an inventory of assets and the right tax forms. If there is no will, the court can appoint an executor dative first, then Confirmation is sought. Banks and registrars transfer funds or update titles when they see the Confirmation.

How long does the estate process take?

Simple estates can be completed in a few months, especially if there is a will, the estate is small, and no inheritance tax is due. Estates with property sales, full inheritance tax returns, or disputes can take a year or more. Early collection of valuations, bank statements, title deeds, and policy details helps reduce delays.

Do I need to pay inheritance tax in Scotland?

Inheritance tax is a UK tax. Many estates pay no tax because the value is within the nil rate band or because of spouse or civil partner and charity exemptions. Estates above the thresholds or with certain gifts in the seven years before death may pay tax. Where tax is due, payment deadlines apply and interest can accrue after six months from the end of the month of death. A solicitor can coordinate with an accountant to manage reporting and payments.

Can a cohabitant inherit if there is no will?

A cohabitant can apply to the Sheriff Court for financial provision from an intestate estate. The application must be made within a short time limit, usually six months from the date of death. The court has discretion and considers the length and nature of the relationship, financial arrangements, and any children. Cohabitants should seek urgent advice.

Can I write my own will or should I use a solicitor?

You can write your own will, but small errors in wording, signing, or witnessing can cause big problems later. A solicitor ensures your will is valid under Scots law, deals properly with legal rights, avoids tax traps, and fits with how your assets are owned. Professional drafting is especially important if you own a business, have a blended family, have property in more than one country, or want to include trusts.

Additional Resources

Scottish Courts and Tribunals Service provides guidance and forms for applying for Confirmation, including information on small estates and the current procedures used by Aberdeen Sheriff Court. HM Revenue and Customs publishes inheritance tax thresholds, forms, and deadlines that apply across the United Kingdom. The Law Society of Scotland offers information on making a will and a find a solicitor service to locate solicitors in Stonehaven and wider Aberdeenshire. Citizens Advice Scotland provides plain language guidance on wills, legal rights, and dealing with a death. National Records of Scotland and Aberdeenshire Council Registration Service can help with registering a death and obtaining certificates needed for estate administration. The Office of the Public Guardian Scotland provides guidance on powers of attorney and related planning that often goes hand in hand with making a will.

Next Steps

Start by listing your assets and liabilities, including property, bank accounts, investments, pensions, life policies, and any business interests. Decide who you would like to appoint as executors and who should receive your estate, and consider guardians for any children under 16. If you already have a will, gather the original and review it to see if it still reflects your wishes.

Arrange a meeting with a solicitor who practices private client and succession law in Stonehaven or Aberdeenshire. Ask about Scottish legal rights, survivorship destinations on your title deeds, cohabitant issues if relevant, and any inheritance tax implications. Your solicitor will draft a will tailored to Scots law and arrange for proper signing and witnessing. They can also advise on using trusts, letters of wishes, and how to coordinate beneficiary nominations on pensions and life policies with your will.

Store the original will safely, for example with your solicitor, and tell your executors where it is. Keep an up to date asset schedule and key contacts to make the executor’s job easier. Review your will after major life events such as marriage, separation, divorce, the birth of a child, a house move, or a significant change in wealth.

If you are an executor dealing with a death, notify banks and insurers, secure property, collect valuations, and obtain the death certificate. Take early advice on whether the estate is excepted for inheritance tax and what the Confirmation application will involve at Aberdeen Sheriff Court. Remember that some claims have strict time limits, including cohabitant claims and inheritance tax payments, so acting promptly is important.

This guide provides general information. For advice on your specific circumstances in Stonehaven, consult a qualified Scottish solicitor.