Wills, Administration of Estates & Powers of Attorney

Death - one of life's greatest unknowns, and yet ironically, life's only true certainty.

None of us want to think about our own inevitable demise and yet planning what happens to your Estate after you're gone can help ensure that the things you have worked so hard for in your life, can help those that mean the most to you after you have gone.

Practically speaking, a Will is a legally binding document that sets out in clear terms, how your property, savings and investments, valued possessions etc (known collectively as your Estate) should be distributed after your death. In drafting a Will, you are free to choose which individuals or organisations (known as beneficiaries) will receive those assets. Your Will can also deal with issues of guardianship (appointing a person to care for your young children after your death), funeral arrangements and donations to any chosen charities.

Without a Will, your Estate will be distributed in line with the laws of intestate succession. That is largely governed by the Succession (Scot) Act 1964 and applies a blanket approach to the distribution of your Estate. Assets from
your Estate then, may not be distributed to the people you want to benefit
and/or in the way you would have wanted. That in turn can lead to disputes, hardship and pain for those left behind.

Writing a Will isn't always straightforward and there are common pitfalls to avoid. At Flemings, we have an experienced team on hand to walk you step by step through the process of drafting a Will and to advise on sensible Estate planning which in turn will help you maximise the value of your Estate. We understand that life can change in an instant and so we are happy to assist you in updating or amending your Will to reflect your current wishes.

We also specialise in the creation of Power of Attorney documents. In short,
a Power of Attorney allows another trusted person to control and manage your affairs for you should you become unable to do so on your own. Powers of Attorney and Wills are not just for 'the old folks' - adversity can strike anyone at any time regardless of age or fitness. In the words of Howard Ruff: "it wasn't raining when Noah built the Ark".

For more information or assistance in drafting your Will or a Power of Attorney, please feel free to get in touch with us. We are happy to arrange a consultation in your home or at your place of work if that is more convenient than a visit to our offices.