Wills and Estates FAQ's

Not sure about something?
Let us help you…

Do I need a Will and how much will it cost?

Yes. Everybody should have a Will as it is an important record of what you would like to happen when you are no longer here. It assists your relatives and friends to know what your wishes are at that important time.


Please contact our reception to make an appointment with a member of our Private Client team.

What is a Power of Attorney and do I need one?

A Power of Attorney comes into effect in the event that you suffer some form of incapacity, for example a stroke or dementia. The Power of Attorney tells everyone who you want to manage your money and help you with your care if you cannot make these decisions yourself. The alternative to a Power of Attorney is an Application for Guardianship which is far more complicated and expensive.


Please contact our reception to make an appointment with one of our Executry solicitors to discuss the options available to you.

A family member has died - what do I do now?

At The McKinstry Company we understand how difficult bereavement is. One of our experienced solicitors can handle all aspects of your loved one’s estate.


Please contact our reception to arrange an appointment.

A relative has died without a Will, what does that mean?

If someone has passed away without leaving a Will, the estate remains to be divided in terms of the Law of Succession in Scotland. It is important that you seek the advice of a qualified and experienced professional to assist you in dealing with the estate.


Please contact our reception to arrange an appointment with one of our Private Client team.

A relative has been taken into residential care and the local authority has recommended applying for Guardianship, how do I do this?

Guardianship is the only option available where an individual has not put in place a Power of Attorney prior to losing capacity. For someone to make decisions on behalf of that individual, an application requires to be made to the Court for appointment as a Guardian. One of our Private Client team can assist you with making such an application to the Court.


Please contact our reception to arrange an appointment.

Share by: