Hamilton - 01698 281747

Strathaven - 01357 522959

Hamilton - 01698 281747

Strathaven - 01357 522959

Wills, Trusts & Power of Attorney

Our private client services are designed to protect your wishes and your loved one’s future.

Wills, Trusts and Power of Attorney Solicitors, Hamilton and Strathaven

Wills, Trusts and Power of Attorneys are all legal documents used to help create an estate plan for an individual and for the benefit of their families. Our team can talk you through your estate planning needs to help you work out what is right for you. We offer Legal Aid to qualifying clients in appropriate circumstances.

What is a Will?

Having a Will is essential in ensuring your estate is distributed to the people you love after your death,

People undertake a good deal of planning during their lifetime but often do not consider what might happen after they have passed away until later in their lives, if at all. They may also assume that everything will go to their partner, but the reality is different if they are not married or in a civil partnership. Not having made provision for a partner in a Will in these circumstances risks them inheriting nothing.

The team at John Jackson & Dick can help you carefully draft your Will, and make sure that all your loved ones benefit from your estate in the way you would want them to after you are gone.


Trusts can give you control over how your assets are distributed.

Trusts allow a person to give up ownership of certain assets while still retaining some control over how those assets are kept and distributed. They are an arrangement where named Trustees are directed to look after an asset or assets placed in the Trust for the benefit of its beneficiaries.

There are a number of types of Trust. The appointment of Trustees requires careful selection and the administration can be challenging. For these reasons it is advisable to involve experienced solicitors in the setting-up and management of a Trust.

Trusts can help with inheritance tax planning, safeguard assets from business or relationship breakdown, and plan for future care. Unlike a Will, which applies after death, a Trust is effective straightaway. As a firm, we have years of experience in creating and administering trusts and can offer tailored advice on the differing options depending on specific circumstances.

Power of Attorney

A Power of Attorney gives someone else power over a person’s affairs. 

This is in anticipation of a time when that person is incapable of acting on their own behalf. Without a PoA in place, if a person loses the capacity to make their own decisions, an application may have to be made to the Court for a Guardianship or Intervention Order. There are three main types of PoA:
Continuing Power of Attorney

This allows the attorney to deal with the property and financial affairs if the person granting the power loses mental capacity.

Welfare Power of Attorney

This document enables the attorney to deal with matters of personal welfare, medical treatment, care and accommodation arrangements and social activities.

Combined Power of Attorney

A combined PoA allows your chosen attorney to make decisions related to both your health and welfare and financial affairs.

Wills, Trusts & Power of Attorney FAQs

  • What happens if I die without a valid Will?

    Without a valid Will, inheritance rules will decide who will receive what from the estate. Moreover, these rules do not always recognise modern family relationships such as unmarried partners or stepchildren.

  • Do I need a solicitor to draft a Power of Attorney?

    No, you do not need a solicitor to draft a PoA. However, this is a legal document and you should be extremely careful as the wording could be open to interpretation. Therefore, legal advice is highly recommended. You will also need to arrange for either a solicitor, practising member of Faculty of Advocates, or a doctor, to sign the document.

  • What is the difference between making a Will and estate planning?

    While a Will is an extremely important part of your estate planning, estate planning as a whole goes further than this and includes several elements including your Will, PoA, trusts and inheritance tax planning

Will Aid 2021

Will Aid is a special partnership between the legal profession and nine of the UK’s best-loved charities. Every November, participating solicitors waive their fee for writing a basic Will. Instead, they invite clients to make a voluntary donation to Will Aid – Will Aid suggest £100 for a single basic Will and £180 for a pair of basic ‘mirror’ Wills.
With Will Aid, everyone benefits. You get a professionally drawn-up Will and peace of mind, while the charities receive much-needed donations for their vital work.
John, Jackson & Dick took part in Will Aid in 2021 and are happy to have helped raise money for many great charities. To read more about Will Aid - click here.