Fergusson Law

At Fergusson Law , our solicitors believe every adult should consider granting a Power of Attorney . This legal document allows you to appoint someone you trust to look after your finances or personal welfare if you become unable to do so yourself. You can also create a combined Power of Attorney that covers both finances and health. It is important to appoint someone you trust while you are still healthy and able to do. We can offer our Power of Attorney services for a fixed fee .

At Fergusson Law, our solicitors specialise in writing Wills and the administration of estates .  When someone you are close to dies, it can be a very stressful time especially if you have to deal with all the administration. We have created a webpage answering some of the questions about writing Wills, Executors and estate administration that we are frequently asked.   You can also view the Wills & Executry FAQs and our answers in this video.   

The rules during COVID-19 Lockdown in Scotland are changing rapidly at the moment.  This is thankfully due to the way the pandemic has been handled.  We have been fortunate during Lockdown that although our office has been closed we have been able to work from home and continue to offer our clients legal services . It has meant some changes like being able to complete Wills by video conference but we have adapted like everyone else. As the Lockdown rules have relaxed we are still working from home but can now open our office for specific appointments such as to sign documents and provide Notary services . To ensure this meeting is safe for both our clients and solicitors we have added some extra safety measures (PPE). We have installed a protective screen in our meeting room so that you can keep a safe distance from the solicitor you are meeting at all times.  Please get in touch and we can discuss your requirements and explain how we can help you.  If...

Will Writing Services At Fergusson Law in Edinburgh, we believe every adult should write a Will .  This very important document means that should the worst happen, your final wishes will be granted as you expected.  Having a Will means that you can ensure your loved ones are protected after your death and they avoid unnecessary expense and stress at a very difficult time.    Should you die intestate (without a Will), your Estate, no matter how small or large, will be divided and passed on according to the laws of intestacy.  This may result in the people you wish to inherit not getting anything. For instance, a partner you live with may get less than an ex-spouse.    Coronavirus (COVID-19) Rules Currently, we cannot open our office as usual, due to the lockdown rules.  However, this does not mean we are closed for business.  It just means that we are working from home and can be contacted by email or telephone.  We can...

What is a Notary Public The Law Society of Scotland states: "Historically, the notary public in Scotland has performed an important function in the legal life of the country. From the 13th Century, the notary developed distinct from the lawyers branch of the profession but in comparatively recent times these functions have enjoyed a resurgence. The influence of the Civil or Roman Law on Scotland is clear in this separate development of the notary public in Scotland. In many other jurisdictions, the distinction remains today. In England, for example, the profession of notary remains separate from that of Solicitor and although many notaries in England are also Solicitors not all are, and there are firms comprising notaries only. Notaries public play an important legal role in Scottish life where the legal validity of a document requires the swearing of an oath. Only solicitors/notaries in possession of a practising certificate can act as notaries in Scotland". N...

What is a Trust? Trusts are established to provide legal protection for the trustor’s assets, to make sure those assets are distributed according to the wishes of the trustor, and to save time, reduce paperwork and, in some cases, avoid or reduce inheritance taxes. Why should you set up a Trust? Setting up a trust can help to protect your assets and save tax at the same time. For example, you might want to give your grandchild a lump sum, but not want her to spend it on the wrong things. By putting the money in trust, you can be sure that your grandchild will benefit from the money. Your appointed Trustees will manage the funds so that they are spent in line with your wishes. You could also benefit from a tax saving. How do you set up a Trust? A private client solicitor can set up and administer a trust. They will provide expert legal advice on what needs to be done to protect your assets and reduce inheritance tax. If you die within 7 years of establishing a tru...

DYING INTESTATE Do you have a Will? If you die without making a will , your estate may not be distributed in the way you would have intended, and it might cause real problems for your family. The issue is of particular concern to buy-to-let investors, who own flats and houses in addition to their family home. If you do not have a Will in Scotland , your estate is divided according to the rules of intestacy. FIRSTLY, IF THERE IS A SURVIVING SPOUSE THEY GET PRIOR RIGHTS. The family home (if they live there) up to a value of £473,000 Contents (if they live there) up to a value of £29,000 Cash - £50,000 if there are children, £89,000 if there are none. IF THERE ARE MOVEABLE ASSETS LEFT AFTER PRIOR RIGHTS, LEGAL RIGHTS APPLY These only apply to moveable assets – that is everything except houses, flats and land. Surviving spouse and children: spouse gets 1/3 rd  of moveable assets, children between them share 1/3 rd  of moveable assets. Final 1/3 of moveable a...

How To Plan For Your Future By the year 2040 one in 12 of us in the UK will be aged over 80.  Currently, approximately 20% of the Scottish population is of retirement age.  Many of those people are still extremely fit and active and are enjoying their retirement to the full. We all wish to have a long and healthy retirement, however, we believe it makes sense to plan for your future especially whilst you are in a position to make the best decisions for yourself. Everybody should put in place plans for future care, and legal protection to look after their affairs. Power of Attorney This is a very useful legal tool which everyone should consider putting in place. By making a Lasting Power of Attorney , you are able to choose who will have the legal authority to manage your affairs and speak on your behalf, if in the future, you lose the capacity to do so because of physical illness, frailty or mental health issues. Family Trust It is a comfort to know that ...