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Making a will and a power of attorney are two of the most useful things anyone can do for their family, yet many people in Scotland put them off because they are unsure what they will cost. Solicitors' fees vary widely, some firms charge by the hour, and it is not always clear what is included.
This guide explains what you can expect to pay for a will, a power of attorney and executry in Scotland in 2026, what affects the price, and why Scottish law makes professional advice particularly worthwhile. We use the published fixed fees of Glasgow law firm Simplicity Legal as a worked example.
Scotland has its own law of succession, and several rules surprise people who assume it works the same way as in England and Wales:
Under legal rights, a spouse or civil partner can claim one third of the moveable estate if there are children, or one half if there are none. Children share one third if there is a surviving spouse or civil partner, or one half if there is not. A will drafted by a Scottish solicitor takes these rules into account, which makes disputes far less likely.
The cost of a will depends on how complex your affairs are and how the solicitor charges. A straightforward will leaving everything to a spouse and then to children is at the simpler end. Wills that include trusts for young or vulnerable beneficiaries, business assets, property abroad or detailed inheritance tax planning take more work.
Many Scottish firms now offer fixed fees for standard wills, which makes budgeting much easier. Simplicity Legal, for example, publishes the following fixed fees, all plus VAT:
Mirror wills are two near-identical wills for a couple who want to leave their estates to each other and then to the same people, such as their children.
A will deals with what happens after you die. A power of attorney deals with what happens if you lose the ability to make decisions during your lifetime, through illness, an accident or dementia.
In Scotland, powers of attorney are governed by the Adults with Incapacity (Scotland) Act 2000, and there are two types:
Most people choose a combined document covering both. Before you sign, a solicitor or doctor must interview you and certify that you understand the document and are not under undue influence. The power of attorney must then be registered with the Office of the Public Guardian before it can be used.
There are two parts to the cost:
Simplicity Legal's published fixed fees for powers of attorney are:
Many people assume a husband, wife or adult child can step in automatically. In Scotland, they cannot. If you lose capacity without a power of attorney, your family may need to apply to the sheriff court for a guardianship order. Guardianship is slower, more intrusive and far more expensive, often taking several months and costing thousands of pounds, and the court rather than you decides who is appointed. That makes a power of attorney one of the best value legal documents you can buy.
A Lasting Power of Attorney made in England and Wales is a different document under different law. If you live in Scotland, a Scottish power of attorney is the safer choice.
Because most people benefit from both documents, many firms offer combined packages. Simplicity Legal's packages are:
Power of attorney packages are also subject to the Office of the Public Guardian registration fee. Doing both at once usually costs less than arranging them separately and means everything is reviewed together.
Executry is the process of winding up someone's estate after they die, the Scottish equivalent of probate. The executor gathers in the assets, pays debts and any tax, obtains confirmation from the sheriff court where needed, and distributes the estate to the beneficiaries.
Executry costs vary more than wills or powers of attorney, because they depend on the size and complexity of the estate, whether there is a valid will, whether property must be sold and whether inheritance tax is due. Always ask for a clear estimate at the outset. A well-drafted will with clearly named executors usually makes executry quicker and cheaper.
Inheritance tax is a UK-wide tax, so the same rules apply in Scotland. Tax is charged at 40% on the part of an estate above the available allowances, which include the £325,000 nil rate band and a residence nil rate band of up to £175,000 when a home passes to children or grandchildren. Gifts to a spouse, civil partner or charity are generally exempt, and unused allowances can pass to a surviving spouse or civil partner. These allowances are frozen until 2031. A solicitor can explain how your will affects inheritance tax and when specialist advice is worthwhile.
Simplicity Legal is the trading name of Clarity Simplicity Ltd, a firm of Scottish solicitors regulated by the Law Society of Scotland. It is based at 34 Woodlands Road in Glasgow, with further offices in Edinburgh and Dumfries, and advises clients throughout Scotland.
The firm also advises on family law, conveyancing, disputes and driving offences. It does not offer legal aid.
Yes, a homemade will can be valid in Scotland if it is signed correctly. The risk is that it may be unclear, overlook legal rights or fail to deal with all of your estate, which can lead to disputes and extra cost for your family.
One witness aged 16 or over who watches you sign the last page. It is best if the witness is not someone who benefits from the will.
After getting married or entering a civil partnership, separating or divorcing, having children or grandchildren, buying or selling a home, the death of a beneficiary or executor, or moving abroad.
Not necessarily. If the person still understands what they are signing, a power of attorney can usually be put in place, but it should be done as soon as possible.
To arrange a fixed fee will or power of attorney, contact Simplicity Legal on 0141 673 8758, visit the office at 34 Woodlands Road, Glasgow G3 6UR, or go to simplicitylegal.co.uk.
Fees were taken from Simplicity Legal's published prices in October 2026 and may change. This guide is general information on Scots law and is not legal advice.
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