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Wills and Succession Planning

The expertise we bring to planning ahead and dealing with estates is second to none. Our service is not just about the law, it’s about understanding our clients’ needs and wishes and bringing peace of mind in a compassionate way.

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The expertise we bring to planning ahead and dealing with estates is second to none. Our service is not just about the law, it’s about understanding our clients’ needs and wishes and bringing peace of mind in a compassionate way. When you’re drafting your Will, or planning how to transfer your family business when you pass away, our Wills and succession planning solicitors can support you.

Contact our Wills and succession planning solicitors today

Contact us on 0131 270 7700, visit our offices in EdinburghGlasgowEast Lothian, Shetland or Orkney, or fill in our enquiry form to request a call back.

We understand the complexities involved in helping families preserve, grow and protect generational wealth and how best to guide individuals who have built up their own assets. We’ll provide you with a service that fits your requirements, whether that involves a succession plan so you can pass your assets on to your loved ones gradually and enjoy seeing them benefit, or whether you’d rather pass things on in due course.

Having a well drafted Will lets you decide who will deal with your estate when the time comes, and who receives what and when. Wills are often at the bottom of our ‘life admin’ lists, but the difficulty that a family left behind can face when there is no Will cannot be underestimated. In Scotland, the people you expect will inherit from your estate may  not receive everything. We’ll advise on some potential pitfalls and help you reach your preferred solutions.

Our expert Wills solicitors in Scotland are aware of the issues that can arise and know what to ask to ensure your intentions are realised where possible. You’ll have peace of mind knowing that when you die, everything should pass to those people that you want to remember. Ensuring your intentions are clearly defined should result in a swifter process for your loved ones.

Occasionally, Wills are challenged and claims made against the estate. If that occurs, we have expertise in this complex area. The validity of a Will may also be questioned. We understand the legal intricacies and court procedures involved and can guide you through this difficult process if needed.

Tax planning, and access to financial advice from colleagues can all be considered as part of the specialist service we provide when helping you to draft a Will and in determining how best to provide for your family’s future through a succession plan.

Our Wills and succession planning expertise

Executors

If you’ve been appointed as an executor, our solicitors can support you with your duties, ensuring that you have the correct legal guidance to protect your best interests, and those of your deceased loved one.

We have supported executors facing a range of challenging circumstances and obstacles, to adequately fulfil their roles. Equally, if you are currently drafting your Will and are looking to appoint an executor, we can support you in making the right decision in choosing an appropriate person.

Our specialist Will lawyers have supported many clients with high-value and complex estates, including multiple properties, businesses, and investments. We appreciate that preserving and protecting your wealth is crucial and are here to attend to all of your queries and concerns.

Drafting a Will

If you’d like to ensure that your estate is administered according to your wishes, it’s imperative to make sure that you draft a valid Will. Our team at Anderson Strathern have the expertise and resources to guide you sensitively through the process, ensuring that you create a clearly drafted document to accurately reflect your requirements.

Our Wills and succession planning solicitors can support you to create a Will that accounts for your wishes, ensuring that any family business is protected when you pass away, and that your loved ones are properly accounted for.

Will disputes

Having a properly drafted Will can reduce the risk of there being Will disputes, however, these circumstances may still arise, and if they do you’ll need legal support to resolve such matters.

Will disputes may be based on a number of factors, including

  • Lack of Testamentary Capacity
  • Lack of Knowledge and Approval
  • Undue Influence
  • Fraud

Our Wills solicitors can support individuals in a variety of circumstances to draft irrefutable and legally sound documents, to prevent the likelihood of disputes. Where disputes do arise, we can offer expert legal guidance to rectify the situation.

Succession planning

Succession planning provides many benefits; however, the process must be executed correctly. The procedure is useful to guide the next generation with their future responsibilities, for example, how to deal with a large inheritance. Succession planning is often used to pass on a family business to the next generation.

Our succession planning solicitors at Anderson Strathern can offer a wide range of advice on succession planning, including:

  • Strategies to transfer control of your business and choosing a successor
  • Plans to reduce inheritance tax on your assets
  • Guidance on dealing with assets that are in different countries
  • Putting funds aside to donate to charity
  • Making plans for unexpected circumstances, for example losing mental capacity

Frequently asked questions

What is succession planning?

Succession planning involves making a plan to provide financial stability within a family. The process may involve using various legal structures including Wills and trusts as well as considering inheritance tax planning strategies.

The process is used to consider the requirements and wishes of the younger generations in a family, and to pass on wealth to them.

Why is succession planning important?

The process is useful to make sure that the wealth a person has accumulated is passed on to their successors as they would like.

What does an executor do?

When a person passes away, their executor has the responsibility of administering their estate according to their wishes. As part of their role, the executor has a range of duties, including:

  • Registering the individual’s death and making funeral arrangements
  • Valuing the person’s estate and paying inheritance tax due
  • Applying for grant of confirmation and distributing the estate
  • Maintaining the accounts for the estate, and paying any other debts

If you’ve been appointed as an executor, or you need advice on choosing an executor for your own Will, please get in touch with our legal experts at Anderson Strathern.

What are the things to consider when writing a Will?

When you’re writing a Will, there are various things you’ll need to consider, including:

  • Who will be your executor
  • Who will be your beneficiaries
  • Any charities you’d like to donate to
  • Implications of any legal rules on how your estate is distributed (legal rights)
  • Plans for your family business
  • Mitigation of Inheritance Tax (IHT)
  • Provisions for young children, second marriages and modern family set-ups

When you’re drafting a Will, it’s vital to seek the advice of a solicitor. If you run a business, or are the owner of a high value estate, it’s imperative that you get the right kind of support to protect your wealth.

Contact our Wills & succession planning lawyers today

Contact us on 0131 270 7700, visit our offices in EdinburghGlasgowEast Lothian, Shetland or Orkney, or fill in our enquiry form to request a call back.
We also specialise in personal and business tax, find out more here: Tax Lawyers in Scotland.

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