Wills, Power of Attorney & Executors in Scotland
Wills, power of attorney and executors under Scots law: who inherits, how to make a valid will, and what executors do.
43 pages A4 · phone edition 84 pages
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About this guide
Scots law on wills and inheritance is very different from the law in England and Wales. This plain-English guide explains it clearly, with rules, fees and figures checked against official Scottish sources in October 2026.
More about this guide
It explains what happens if you die without a will in Scotland: prior rights for a spouse or civil partner, legal rights for spouses and children, the order of inheritance for everyone else, and why unmarried partners have no automatic rights and only a short time to go to court.
It shows why you can’t fully disinherit your spouse or children, how to make a valid will, how to choose between a solicitor, charity will schemes and DIY, what to put in it, and when to update it. Chapters on power of attorney cover continuing and welfare powers, registration with the Office of the Public Guardian, and the duties every attorney must follow.
The executor chapter walks through registering a death, Confirmation (Scotland’s version of probate), small estates, court fees and an executor’s checklist, followed by inheritance tax and the April 2027 change bringing unused pensions into the estate. Includes myths vs facts, worksheets, questions to ask a solicitor, a glossary and where to get help.
What’s inside
- Why Scotland is different
- Who inherits if there’s no will?
- Legal rights: the share your family can claim
- Making a valid will in Scotland
- What to put in your will
- Changing your will and keeping it safe
- Power of attorney: why everyone needs one
- Being an attorney: your duties
- Being an executor, step by step
- Inheritance tax and the 2027 pension change
- Common myths about wills and PoA in Scotland
- Getting your papers in order
- Situations where advice really matters
- Questions to ask, and what to bring
- Where to get help
- Glossary and sources
General information, not legal or tax advice. For your own situation, speak to a solicitor.
