Category Archives: Scottish Wills

The difference between a Power of Attorney and a Will in Scotland

My Scottish Power of Attorney

Anyone made the executor of a Scottish will or given a Scottish power of attorney share similar responsibilities to the person appointing them.

They need to do what the granter wants and what is in the granter’s best interests. The difference, however, is that one one takes care of things whilst the granter is living and the other after the grantor has died.

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Are there Scottish Power of Attorney forms?

MyScottishAttorneyA comment on this blog from an Irish reader has motivated me to write about the Power of Attorney forms that can be found on the Scottish Office of the Public Guardian website.

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Is making a will easier second time around?

last-will-testament-onlineGuest blogger Sheree Sartain writes about wills and why you should keep yours up to date.

I have a will, it was written about twenty-five years ago and names a solicitor, based somewhere in London, as executor.

I’m not sure that the content of the will really reflects my current situation and I’ve been meaning for sometime to have it redrafted. Contemplating writing my will – again – is no easier than it was the first time but doing it online helps.

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Would you disinherit your children? An issue for Scottish wills

MyScottishWillDo you want to disinherit your children? From 1 February 2012 if you die without leaving a will your spouse will have a “prior right” to your home up to the value of £473,000.

If you have children from a previous marriage and you don’t write a will then you may unintentionally disinherit them.

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Scottish law and the Internet

Beware the Internet and the media.

It is full of information about Wills and other legal titbits. Very little of it is specifically Scottish law about Scottish Wills, Scottish Powers of Attorney,etc. Most of the time you will find it is 99% about England.

You can, however, find some useful pages if you look hard enough. For instance, a very useful resource is to be found at Scottish Law Online and, as an example, here is a a page on succession.

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Scottish Wills and the second time around – Part 2

This is a brief reference to a discussion I had with some clients, a little while time ago.

These clients were in about something else and, as usual, at the end of the business I asked them if they had Scottish Wills and Powers of Attorney.

They said they had no Wills. They couldn’t agree anything as they both had separate families and it was difficult. The way they looked at each other, I believed it!

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Scottish Wills and the second time around – Part 1

It’s all about divided loyalties.

If clients have children from a first relationship, they agonise about making a Will.

In fact, they agonise so much that they never, actually, get round to doing anything about it.

It’s too difficult as it involves dealing with dividing their worldly goods between the two loves in their life.

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Welcome

Solicitors are cautious folk and hate putting pen to paper about their opinions rather than solid legal issues.

Perhaps, I am a little different to most as I have been writing for my local paper for some time and have been an Internet pioneer. For instance, my solicitors website was the second in Scotland and my Wills website the first.

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