Wills, Trusts & Executries Solicitors Glasgow

Wills, Trusts & Executry Solicitors in Glasgow

At Miller Samuel Hill Brown, our Glasgow Wills, Trusts and Executry solicitors provide clear and practical legal advice tailored to your circumstances. Whether you need help drafting a Will, administering an estate or planning for the future, our experienced Private Client lawyers are here to support you. Contact our team today on 0141 221 1919 or complete our online contact form for expert legal advice.

Making a Will in Scotland

A Will is a legally binding document that sets out how your estate should be distributed after your death. It allows you to maintain control over important decisions relating to your property, finances and personal affairs.

A professionally drafted Will can help you:

• Protect your family and beneficiaries
• Decide who inherits your assets
• Appoint executors to administer your estate
• Reduce the risk of disputes
• Provide clarity for loved ones
• Plan for inheritance tax considerations
• Protect business and property interests

Many people assume Wills are only necessary for those with significant wealth. In reality, anyone with property, savings, investments or family responsibilities should consider putting a Will in place.

What Makes a Will Valid in Scotland?

For a Will to be legally valid under Scots law, certain requirements must be met.

Generally, a valid Will requires:

• The person making the Will to have legal capacity
• The Will to be made voluntarily
• The document to reflect the individual’s intentions
• Proper execution and signing procedures
• Witnessing requirements to be satisfied

Errors in drafting or signing a Will can create complications after death, making professional legal advice highly valuable.

What Can Be Included in a Will?

A Will can cover a wide range of personal, financial and family matters.

Common provisions include:

• Distribution of property and assets
• Savings and investments
• Business interests and shares
• Personal possessions
• Funeral wishes
• Guardianship arrangements for children
• Charitable gifts
• Appointment of executors

A carefully prepared Will allows your wishes to be recorded clearly and reduces uncertainty for your family.

Appointing Executors

An executor is the person responsible for administering your estate after death.

Executors may be responsible for:

• Gathering assets
• Closing bank accounts
• Paying debts and taxes
• Applying for Confirmation
• Distributing the estate to beneficiaries
• Managing property sales

Choosing suitable executors is an important part of estate planning. Many clients appoint trusted family members, professionals or solicitors to act in this role.

Our executry solicitors can advise executors on their legal duties and responsibilities throughout the administration process.

What Is Confirmation in Scotland?

Before an executor can distribute an estate, they usually require legal authority from the court known as Confirmation.

Confirmation is the Scottish legal process allowing executors to:

• Access bank accounts
• Sell or transfer property
• Collect financial assets
• Administer the estate lawfully

The process involves preparing detailed information about the deceased’s assets and liabilities for submission to the Sheriff Court.

Our executry solicitors in Glasgow regularly assist clients with Confirmation applications and estate administration across Scotland.

What Happens if There Is No Will?

If someone dies without a valid Will, they are said to have died intestate.

In Scotland, intestacy rules under the Succession (Scotland) Act 1964 determine how the estate will be distributed.

This may lead to outcomes that do not reflect the deceased’s wishes.

Where there is no Will:

• Family members inherit according to legal rules
• Unmarried partners may have limited rights
• Delays and disputes can arise
• The administration process may become more complicated

Dying intestate can create significant stress and uncertainty for surviving family members, particularly in blended families or where business and property interests are involved.

Trusts and Estate Planning Solicitors

Trusts can form an important part of long-term estate planning. They may help protect assets, provide for vulnerable beneficiaries or support tax planning arrangements.

Trusts may be used to:

• Protect family wealth
• Provide for children or vulnerable relatives
• Manage inheritance tax exposure
• Preserve business assets
• Control how assets are distributed

Our Private Client solicitors can advise on the most appropriate trust structures for your personal and financial circumstances.

Why Should You Review Your Will?

A Will should be reviewed regularly to reflect changes in your personal or financial circumstances.

You may wish to update your Will following:

• Marriage or divorce
• Birth of children or grandchildren
• Purchasing property
• Changes to finances or investments
• Business developments
• Changes to tax rules

Regular reviews help ensure your Will continues to reflect your wishes accurately.

Why Choose Miller Samuel Hill Brown?

Our Glasgow Private Client solicitors have extensive experience advising clients on Wills, estate planning, trusts and executry administration throughout Scotland.

Clients choose our team for:

We understand that planning for the future can feel overwhelming and provide straightforward legal guidance at every stage.

Step-by-Step Guide to Making a Will in Scotland

Our Wills, Trusts and Executry solicitors guide clients through every stage of the Will-making process. While every person’s circumstances are different, the following provides a general overview of what is involved.

1. 1

   Assess Your Personal and Financial Circumstances

   The first step is reviewing your assets, family circumstances and future wishes. This may include property, savings, investments, business interests and any dependants who may need to be considered within your estate planning arrangements.

2. 2

   Decide Who Should Benefit from Your Estate

   You will need to consider who should inherit your assets and how your estate should be distributed. This may include family members, friends, charities or other beneficiaries. Clear instructions can help avoid uncertainty and disputes in the future.

3. 3

   Choose Your Executors

   An executor is responsible for administering your estate after your death. It is important to appoint individuals or professionals who are willing and able to carry out these responsibilities, including dealing with assets, liabilities and the distribution of the estate.

4. 4

   Consider Guardianship and Family Provisions

   If you have young children or dependants, you may wish to include provisions relating to their future care. You can use your Will to record guardianship wishes and make financial arrangements for those who depend upon you.

5. 5

   Review Tax and Estate Planning Considerations

   At this stage, it is sensible to consider whether trusts or other estate planning measures may be appropriate. Proper planning can help protect assets, provide for beneficiaries and address inheritance tax considerations where relevant.

6. 6

   Draft the Will

   The Will is then prepared to reflect your wishes accurately and clearly. Careful drafting helps reduce the risk of ambiguity, disputes or challenges after death and ensures your instructions are recorded correctly.

7. 7

   Sign the Will Correctly

   For a Will to be legally valid in Scotland, it must be executed properly and comply with the relevant legal requirements. Following the correct signing and witnessing procedures is an important step in creating a valid Will.

8. 8

   Review and Update Your Will Regularly

   A Will should be reviewed periodically to reflect significant life changes such as marriage, divorce, the birth of children, property purchases, business developments or changes in financial circumstances. Regular reviews help keep your estate planning arrangements up to date.

Frequently Asked Questions