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Wills & Estates

Writing a will is of great importance. Surprisingly the majority of property and asset owning members of the public do not have a validly executed Will and recent statistics show that as few as one in three adults actually have a current Will.

This casual, almost negligent approach to the management of your affairs carries with it consequential perils and surprises. Without a Will the law of Scotland dictates, under the rules of intestate succession, who receives your estate and in what proportions, whether you are single, married, cohabiting or in a civil partnership. To the unsuspecting even the Government might get a windfall.


How Do You Make A Will?

A properly drawn up Will is a written record of your wishes and enables you to make vitally important decisions which affect your family, friends and loved ones on your death and can have important implications in minimising or even avoiding the unwelcome visitation of Inheritance Tax.

We advise you on the important decisions such as the appointment of your Executors, who are ultimately appointed to administer your affairs. We also can give you tailor made advice upon how to best benefit your family, whether children, grandchildren or remoter relatives or other loved ones and can also ensure that those third parties whom you identify actually inherit the amounts which you anticipate they shall receive.

In the event that time is taken to instruct and have a will prepared the administration of the estate is more clear cut, quicker to complete and in our experience is more straightforward and less expensive, leaving more of your inheritance for your beneficiaries.

Where there is no Will challenges can be made, for example, by cohabitees, civil partners, spouses from whom you are separated but not divorced and there is always the risk that any family disagreements are not resolved either fairly or amicably and within a reasonable timescale.

Essentially where there is a Will there is a way and sadly those who die without a Will often leave their family wayward.

We have skill, expertise and knowledge which combine to ensure that one of the most important arrangements which you can put in place for the protection of your assets and family is made to meet your circumstances.

If you require advice from a solicitor today, please call our team on 01292 281711


Powers of Attorney and Guardianships

We are often asked what is the difference between a Power of Attorney and a Guardianship. The simple answer is with a Power of Attorney you appoint someone to manage your affairs but if you are unable to make decision because of accident or illness and you have no attorney a guardian will be appointed by the Court.

As people get older Court appointed guardians are becoming more common. This is a very time consuming, costly and intrusive process. It involves interviews with doctors and social workers. When someone is appointed as a guardian they are closely supervised by the Office of the Public Guardian.

All of this can be avoided by appointing an Attorney. We can arrange for a power of attorney to be prepared and registered for you. We are happy to meet with you to discuss your power of attorney or to visit you at home in the event that you are unable to attend our offices. To make the process even simpler ask us for a Power of Attorney form.

If you are caring for someone who is not able to appoint an attorney we can apply to court for you to be appointed that person’s guardian.

Where it is appropriate our Partners will be pleased to act as an attorney or guardian.


Older Client Service

As you get older, age catches up with all of us and life can present new challenges. This may be something you are experiencing yourself or in looking after relatives. At The McKinstry Company we have a wealth of experience in dealing with such issues whether it is planning for later life or going into care.

You may want to stay in your home as long as you can but are worried about losing your house if you go into care. The McKinstry Company can guide you through the care maze - find out what you are entitled to, from whom, and how much, and we can advise you on how best to protect your home and other assets.

We have made it our mission to find out as much as we can to help our older clients.

We are happy to meet to discuss your concerns and home visits can also be arranged in the event of incapacity. If you prefer we can deal with your enquiry via email or telephone. If you require advice please call today on 01292 281711

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Writing a will is of great importance and we'll help take the stress out of it.