Secure your legacy with confidence and peace of mind.

Boyd Legal’s Estate Planning services are designed with your ease in mind. We pride ourselves on being straightforward, guiding you through wills, powers of attorney, and executries with clarity and commitment. Our approachable team ensures that every step is seamless.

Power of Attorney

Our Power of Attorney service simplifies the process of managing your important affairs. With Boyd Legal, you can confidently plan for the future with expert, client-focused guidance.
As we age, the need for support from others often becomes essential. However, relying on informal arrangements can create significant challenges for those trying to assist you. Without legal authority, family members and friends may face difficulties when dealing with banks, pension agencies, or social workers on your behalf. This is where a Power of Attorney becomes crucial—a straightforward yet powerful tool to formalize your wishes and ensure your affairs are managed by someone you trust.


 A Power of Attorney can only be made while you have full mental capacity which means often when you require one it is too late. We would recommend this for all our clients whatever their age as an accident or stroke could affect your ability at any time. If you are deemed to have lost capacity the only option is to apply for guardianship which is a far longer and costlier process and can leave you in the vulnerable position of having no say over who is making decisions on your behalf.


This would once have possibly been acceptable but with legislation changes, data protection and GDPR organisations should not disclose any information to anyone but the account holder unless it is an individual who holds either a Power of Attorney or Guardianship for that person. 

Your nominated Attorney can make financial decisions, sign legal documentation, make arrangements with Utility companies, access your bank account- in fact do almost everything that you can do for yourself. This is why it is so vital that the Attorneys you nominate are the people you most trust. This may be something you wish to make use of while you have capacity as it could be that you have a physical reason for finding it difficult to attend banks or deal with utility companies in which case the attorney could act under your instructions.

The welfare side of the Power of Attorney is when your Attorney can decide on your medical care, clothing, whether or not you may require residential care and should be someone who knows you and your tastes and wishes well. The welfare part of the Power of Attorney is triggered when the grantor has completely lost capacity.


There is no limit to how many Attorneys you can have but it would be impractical to have too many. We would normally recommend you appoint at least 2 principal Attorneys or 1 principal Attorney and 1 substitute one of whom could be your spouse. We would also recommend that at least one of the Attorneys nominated is younger or a generation below you. The reason for this is our abilities do deteriorate with age and if you appoint someone older than you then realistically there is a higher chance they may predecease you or be incapable of acting for you. 

Wills

Boyd Legal’s Wills service is tailored to ensure your final wishes are accurately reflected and legally protected. Our approachable team takes the time to understand your unique needs, providing personalised guidance that simplifies the process. Trust Boyd Legal to help you secure your legacy.
Creating a Will is essential to ensuring your wishes are honoured when you’re no longer here. Without a Will, your estate will be divided according to strict legal rules, which may not reflect your intentions. A well-drafted Will can also reduce the risk of legal disputes among your loved ones, easing their burden during a difficult time.

A Will is the main way to ensure that the people nominated to administer your
estate, are aware of your wishes for distribution after you have passed away. It also clarifies and simplifies things for your loved ones at a very difficult time. It can provide guidance on subjects such as whether you wish to be buried or cremated and while you may not have a preference one way or another having this written down removes what can be a difficult decision for those you care about at a stressful time.
If you own property (a house or land) in Scotland then for that property to be sold or transferred to someone else Confirmation will be required. If you have no Will this is a longer process as an Executor has to be appointed by the court before the application can begin and this can involve additional costs.

The Executor is the person who administers your Estate. This means that they will ingather the assets, pay any expenses and distribute the Estate in terms of the Will. We would normally recommend you appoint at least 1 or 2 principal Executors and 1 substitute. We would also recommend that at least one of the Executors nominated are younger or a generation below you as an older Executor could predecease you. The Executor should be a responsible person as they will have a legal responsibility to correctly distribute your estate.

Yes they can-often the nominated Executors are those closest to you and they are likely to also be your main beneficiaries. Executors can be spouses, family members or friends. Some clients prefer to nominate their Solicitor as their Executor but your Solicitor cannot be a beneficiary.

What is the difference between a legacy and residue?

A legacy is something specific left for example a sum of money or piece of jewellery left to a specific person or a charity. 

The residue is everything left in your estate after all expenses and legacies have been paid.

One of the things to be considered when naming beneficiaries is who you would wish the share to go to should that beneficiary predecease you.

In Scotland your spouse and any natural born or adopted children, acknowledged or unacknowledged have a legal right to a share of the moveable assets of your Estate.  This means if you have omitted or left them less than their legal entitlement in your Will they can claim on your Estate. Anyone with a legal rights claim has 20 years to make their claim.

A legacy is something specific left for example a sum of money or piece of jewellery
left to a specific person or a charity. 
The residue is everything left in your estate after all expenses and legacies have been
paid.
One of the things to be considered when naming beneficiaries is who you would
wish the share to go to should that beneficiary predecease you.

Executries

Handling the estate of a loved one can be overwhelming. Boyd Legal’s dedicated executries team provides compassionate and expert guidance through every step of the process, ensuring that your loved one’s wishes are respected and their estate is managed smoothly. We’re here to offer personalised support when you need it most.

Confirmation is is a legal document that the court issues in the form of a Certificate which authorises an Executor to administer the Estate of a deceased individual. The Confirmation application provides a snapshot for the court of all the deceased’s finances at the date of death and is signed by the court appointed Executor. 

Confirmation is the Scottish equivalent of Probate so if you are asked to exhibit a Grant of Probate in Scotland it is the Certificate of Confirmation that is required.

Confirmation is not always required – you are less likely to require Confirmation if no property (a house or land) is owned and the total value of the deceased’s estate is less than £35,000 or if there is a surviving spouse and the Title to any shared property has a survivorship destination. This should state “equally between them and to the survivor of them”.  If you have doubts about whether your property title has this clause you can ask a Solicitor to check for you.

If the total estate is over £50,000, has at least one property and or shares etc and there is no surviving spouse Confirmation is likely to be required. Different financial institutions have different limits and requirements so it could be that most are willing to transfer funds to the Executor and one institution requires Confirmation. If this is the case this will be the only way that the institution will release the funds.


This is dependent on the size and makeup of the Estate. If all that is in the estate is one property and one bank account under the inheritance tax level with children as beneficiaries this should be administered more quickly than an estate with multiple properties, shareholdings, legal rights claims, and or taxable. However even the simplest estate is unlikely to take less than 6 months and one of the reasons for this is to allow any debts owed by the estate to be discovered and paid. If the estate is distributed prior to this 6 month period and any claim is received within that time then the Executor will be personally liable for the payment. The time taken is dependent on many factors making it difficult to estimate. The timeframe is usually 6 months to 2 years but, it is likely to take significantly longer than 6 months if it is a complex and/or a taxable estate.

A taxable estate is where the deceased’s estate exceeds the inheritance tax (IHT) threshold. A simple guide to this at the moment is each individual has an allowance of up to £325,000.00 before the estate is subject to inheritance tax.   A married couple has a threshold of £650,000.00. If the estate is under £325,000.00 and there have been no sizeable gifts or transfers to affect this, it should not be subject to IHT. However sometimes an Estate may seem to fall below the limit but there are circumstances which mean that tax forms are required to be completed and this can delay matters.

Asset Protection Trusts

**Protect Your Legacy with Asset Protection Trusts**
Safeguarding your assets for future generations is a priority we understand at Boyd Legal. Our Asset Protection Trusts offer a tailored solution to ensure your wealth is preserved and passed on according to your wishes. With expert guidance, we help secure your family’s financial future with confidence and clarity.

Planning for the future is about more than just managing your finances—it’s about ensuring your loved ones are protected, no matter what lies ahead. At Boyd Legal, we understand that your assets represent not just wealth but the security and well-being of your family. That’s why we offer Asset Protection Trusts, tailored specifically to meet your unique needs and safeguard what matters most.

An Asset Protection Trust allows you to protect your assets from potential risks such as creditors, or unforeseen financial challenges. By placing your assets into a trust, you retain control over your estate, while ensuring that your wealth is preserved for your chosen beneficiaries. This means that your family can continue to benefit from your hard work, without the worry of losing their inheritance to external pressures.

Our dedicated team at Boyd Legal is committed to guiding you through the process with the personal attention and expert advice you deserve. We take the time to understand your individual circumstances and goals, crafting a solution that provides maximum protection and flexibility. Whether you are looking to safeguard your estate, plan for future care costs, or simply ensure that your legacy is passed on in line with your wishes, we are here to help.

Rachael Brandon –
Director

Rachael is responsible for the Estate Planning department, liaising with financial advisors and guiding clients through complex legal processes and advising them of their legal obligations. If you’d like any more information on our the services we provide, Rachael would love to hear from you. 
Contact Rachael on rachael.brandon@boydlegaluk.com

0131 260 5998
or complete the form below.

Rachael Brandon

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“ From the word go Boyd Legal’s Director of Estate Agency was prompt, efficient, and full of advice. Always available to answer any questions and constant updates. The photographer produced excellent photos and video (a lot better than others I have seen elsewhere). Our house was under offer within a fortnight. ”

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