Putting a Power of Attorney (PoA) in place is one of the most important steps you can take to protect yourself and your family. In Scotland, Powers of Attorney are widely recognised and legally robust. However, people are sometimes surprised by what banks, utilities, or other organisations ask for when an attorney needs to act. This guide explains how Scottish Powers of Attorney work in practice,...

Gifts, Loans and Help from Family: How to Keep It Clear and Legal Financial help from family or friends can make the difference between securing the property you want and not being able to proceed. It is important to agree the terms of that help in advance and have them properly documented. Without this, misunderstandings can arise, particularly if circumstances change. Assistance may be in the form...

Writing a Will During Your Property Purchase Buying a property in Scotland is a major step and an ideal time to put a Will in place. Making your will when buyingkeeps your wishes recorded and your affairs in order from day one. For the full buying process, see our Buying in Scotland guide. When It’s Especially Important Buying with a partner but not married. Having children from a...

When someone can’t sell their own property — whether through illness, absence, or another reason — a Power of Attorney (POA) allows a trusted person to manage the sale on their behalf. At Hastings Legal, we regularly guide attorneys through the process from start to finish. This guide explains how it works, what to check before you begin, and how our integrated service can save time, reduce...

What Happens if Someone Loses Capacity Without a Power of Attorney If someone you care about has lost the ability to make decisions — and there’s no Power of Attorney in place — it may be too late to set one up. In that situation, you may need to apply for a Guardianship Order to be able to act on their behalf. This guide explains what Guardianship is, when it’s needed, and what to expect...

When someone dies, emotions often run high. If a Will seems unfair or out of character, you may consider challenging it — but in Scotland this is a formal legal process with strict rules, time limits, and evidence requirements. Grounds for Contesting a Will A Will can be challenged only on specific legal grounds: Invalidity – The person lacked mental capacity, was unduly influenced, or...

The Key Decisions Behind a Strong and Clear POA Setting up a Power of Attorney is one of the most important legal documents you’ll put in place but it’s not just about choosing who to appoint. What the document actually covers matters too. This guide walks through the essential powers and choices you’ll need to think about before your solicitor drafts the POA. The Powers You Want to...

Helping You Prepare, Protect, and Stay in Control — With Support From Your Local Legal Team Why It Makes Sense to Think About All Three — Together Wills, Power of Attorney, and care planning often come up at different stages. But the truth is, they work best when they’re considered as part of the same conversation. You don’t need to have all the answers right now. You just need to...

Understanding How POA Affects Shared Assets If you jointly own a home or bank account with someone — a partner, spouse, or relative — you might assume they can simply take over if something happens to you. But that’s not always the case. This guide explains how a Power of Attorney can and can't support decisions around jointly owned property and why clear wording and good advice...

What to Think About Before You Decide A Power of Attorney is only as strong as the person you trust to act for you. That’s why choosing the right attorney is one of the most important steps in putting one in place. This short guide will help you think through your options — who might be right, what matters most, and what to do if you’re not sure yet. What an Attorney Does Your attorney...