Thoughtful direction with making a will

When you separate from a partner, your Will doesn’t automatically change. If you no longer wish to leave your assets to your ex, it’s important to update your Will - and revoke any Power of Attorney previously granted - to make sure your wishes are respected.

At Johnson Legal, we provide friendly, practical support to help you make or update a Will that works for your family and loved ones. Our services cover everything from taking your instructions and drafting your Will, to reviewing it with you, ensuring proper execution and witnessing, and securely storing it for future reference.

A Will is ultimately an expression of your wishes and has several other important functions, including the following:

Guardianship of Children

While no one wants to think about leaving young children behind, planning ahead will make sure that your wishes are clear. This can help prevent disagreements during a very difficult time, and ensures financial arrangements are taken care of.

Funeral Instructions

Planning ahead for a funeral can feel difficult, but having clear instructions ensures your wishes are respected and eases the burden on your loved ones. We offer practical, compassionate guidance to help you make these decisions with confidence and peace of mind.

Inheritance Tax Planning

Many people underestimate the value of their estate, and assumptions about inheritance tax no longer apply only to the very wealthy. Careful planning is important, especially in complex family situations, to ensure your estate passes on according to your wishes and to make the most of available reliefs.

Despite the clear benefits, making a Will is often delayed due to time pressures or unease around the topic. Appointments can be arranged at a time that suits you, with advice tailored to your circumstances, whether single, married, separated, cohabiting, or widowed.

Our straightforward Will service includes taking your instructions, drafting and reviewing the Will, ensuring it is properly executed, providing a signed copy, and secure storage. Where relevant, we can also highlight opportunities for tax planning, asset protection, or care cost considerations.

What happens when I die?

Guide to Executries (Scotland)

Losing a loved one is always a deeply upsetting time, and dealing with the legal process can feel overwhelming. The following is a simple guide to the steps needed to settle the deceased’s estate and ensure it is passed on to the right people. The process varies depending on whether there is a Will or not, and we’re here to help you navigate it with care and clarity.

Testate Estate (where there is a Will in place)

If the deceased left a Will, the estate is called a “Testate Estate”. The Will usually names Executors, who act as the representatives of the deceased and are responsible for managing and distributing the estate. We take instructions from the Executors and guide them through every step.

The first task is to compile a detailed inventory of assets and liabilities, which may include contacting banks, investment providers, insurers, and utility companies, and arranging valuations for property, jewellery, or antiques. Once this is complete, we can prepare the application for Confirmation.

We also calculate whether Inheritance Tax is due and discuss payment options, which must be settled before applying for Confirmation. Confirmation is the legal document that gives Executors the authority to manage and distribute the estate.

For smaller estates, currently valued at £36,000 or less, there is a simplified process through the Sheriff Court, making it quicker and easier to obtain Confirmation. More information is available from your local court or at www.scotcourts.gov.uk.

Once Confirmation is obtained, we request the release or transfer of the estate’s assets, provide support if the property is sold, and, after settling debts, distribute the estate according to the Will.

Intestate Estate (where there is no Will)

The first step is to establish who can be appointed as Executor. We then apply to the Sheriff Court to formally appoint the Executor(s) through an Initial Writ. Once appointed, the process generally follows the same steps as a Testate Estate.

If a family member other than a spouse is appointed, a Bond of Caution is usually required. This acts like an insurance policy to protect the Executors against any future claims on the estate.

There are specific rules for distributing an Intestate Estate (where there is no Will in place). Spouses and civil partners do not automatically inherit everything, and children also have certain rights. The outcome can sometimes be surprising, so legal guidance is important.

For both Testate and Intestate Estates, accounts and records of payments and funds received are maintained. We prepare the final accounts for the Executors to approve before distributing the estate.

A common question is how long the process takes. While it’s impossible to give an exact timeline, Law Society guidelines recommend waiting at least six months from the date of death before distributing the estate. Smaller, straightforward estates can be distributed sooner, but larger or more complex estates may take a year or more to settle.

Our fees

We're here to guide you every step of the way through this complex area.

Call us now to set up an initial consultation with one of our experienced family law solicitors at a fixed fee of £340 + VAT.

Free 15-minute telephone consultation

We offer a free 15-minute telephone call with one of our solicitors to discuss how we can help.

Why choose Johnson Legal?

We’re a team of experts specialising exclusively in Family Law. With a people-first approach to law, we listen and provide you with the relevant support, knowledge and considered solutions you need to move forward with confidence. Here when you need us most, even outside of normal office hours, we’re committed to working in partnership with you every step of the way.

That’s why 90% of our cases come from client recommendations and referrals.