J&G Wilson Director, Eric Williamson reflects on why it matters more than ever to draw up a Will and Power of Attorney.

Many people assume that making a Will is something they can put off until later in life. Others believe that a spouse or family member can automatically deal with their affairs if they become ill or lose capacity.

Unfortunately, neither assumption is correct.

Recent developments in Scottish law, together with an ageing population and increasing awareness of incapacity planning, have highlighted just how important it is to have both an up-to-date Will and a registered Power of Attorney in place.

Changes in Scottish Succession Law

The law relating to succession in Scotland has undergone significant reform through the Trusts and Succession (Scotland) Act 2024.

One important change affects how estates are dealt with when someone dies without a Will. While the rules of intestacy have been updated, they still distribute an estate according to statutory rules rather than personal wishes. This means that the outcome may be very different from what the deceased would have wanted.

For that reason alone, having a professionally prepared Will remains the best way to ensure your assets pass to the people and causes you choose.

Why Review Your Existing Will?

You should consider reviewing your Will if:

• You have married, entered into a civil partnership or divorced.
• You have had children or grandchildren.
• A beneficiary or executor has died.
• Your financial circumstances have changed significantly.
• You have acquired property or business interests.
• Your Will is more than five years old.

Many people are surprised to discover that a Will prepared years ago may no longer achieve the outcomes they intended.

The Growing Importance of Powers of Attorney

A Will deals with what happens after death. A Power of Attorney protects you during your lifetime.

A Power of Attorney allows you to appoint trusted individuals to make decisions on your behalf if you become unable to do so yourself. In Scotland, these powers can cover both financial matters and personal welfare decisions.

Without a Power of Attorney, no family member has an automatic legal right to manage your finances, access bank accounts, deal with property or make welfare decisions on your behalf if you lose capacity. Instead, loved ones may need to apply to the court for a Guardianship Order—a process that can be costly, time-consuming and stressful at an already difficult time.

Recent Developments in Powers of Attorney

Powers of Attorney have been receiving increasing attention across Scotland due to concerns about delays in registration and the practical difficulties families can face when authority is not in place. Efforts are underway to modernise the Scottish system, including the introduction of improved digital processes and an online register designed to make it easier for organisations to verify Powers of Attorney.

A Common Misunderstanding

One of the most common misconceptions we encounter is the belief that a spouse, partner or adult child can automatically make decisions for someone who loses capacity.

This is not the case.

Without a valid Power of Attorney, even close family members can find themselves unable to access bank accounts, manage investments, sell property or make important welfare decisions.

Putting a Power of Attorney in place now can save considerable expense, delay and uncertainty later.

Planning for the Future

Making a Will and granting a Power of Attorney are two of the most important steps anyone can take to protect themselves and their family.

Together they provide:

• Control over who inherits your estate.
• Clarity for loved ones at a difficult time.
• Protection against disputes and uncertainty.
• Trusted decision-makers if you lose capacity.
• Peace of mind that your affairs can be managed efficiently.

Many people arrange both documents at the same time as part of a comprehensive plan for the future.

Contact us at J&G Wilson and have a chat with myself or one of my colleagues about updating your Will, drawing up a new Will, or creating Powers of Attorney.