Aria Legal Scotland
We provide Scottish individuals, businesses and families with a full Estate and Legacy Planning service.
The Lawyers and Solicitors who draft our Scottish clients' documents specialise in all aspects of Scottish Estate and Legacy Planning Laws
Aria Legal Ltd is a member of the Scottish Institute of Professional Will Writers. We have an office in Glasgow and our Estate Planning Consultants cover the whole of Scotland.
In England and Wales, a Will states who inherits an estate. The Testator decides who receives what according to his or her wishes.
Under Scots law however, a surviving spouse (or civil partner) and children are entitled to certain legal rights when a person dies with or without a Will. These rights are known as Legal Rights.
Legal rights are intended to reflect the view that a person should not to be able to dispose of his or her estate entirely according to individual preferences but should be bound to leave something to those with whom he or she had the closest ties.
Wills & Intestacy
Legal rights arise regardless of the terms of a person's Will. A legal rights claim is calculated as a proportion of the value of the deceased’s worldwide net moveable estate. This includes such things as money, shares, cars, furniture and jewellery.
Typically, when a deceased has left children (or descendants of children), their surviving spouse or civil partner is entitled to one-third of the deceased's worldwide net moveable estate.
The children are collectively also entitled to one-third or the deceased's worldwide net moveable estate.
The remaining third can be distributed according to the Will or the intestacy rules if there is no Will in place.
Careful planning, especially In case of separation or remarriage, is of paramount importance.
Please fill out the form and a member of our team will contact you or call 0800 612 5331.
Power of attorney
Scottish Power of Attorneys allow a Granter to choose someone else to deal with third parties, such as banks or the local council, on their behalf, should they be unable to do so in the future.
In Scotland, there are three types of Power of Attorney:
Continuing Power of Attorney (CPA)
Welfare Power of Attorney (WPA)
Combined Power of Attorney, which is a combination of a CPA and WPA.
The Continuing Power of Attorney (CPA)
The Granter appoints an Attorney(s) to look after their property and financial affairs. They can choose whether a Continuing Power of Attorney takes effect straight away, or only if and when they lose capacity.
The Welfare Power of Attorney (WPA)
This Power of Attorney enables the attorney(s) to make decisions about health and welfare matters after the Granter loses capacity. These powers can include deciding where they will live and personal issues, such as medical treatment and personal care.
The power of attorney must be registered with the Office of the Public Guardian Scotland before it can be used. The Office of the Public Guardian charge a registration fee for this service.