McKinstry Blog

Pensions now liable to Inheritance Tax from 6th April 2027

Wed, 25 Feb 2026 10:32:53 GMT

Historically, pension pots have been one of the few assets that could pass to beneficiaries free of Inheritance Tax (IHT). That is set to change from 6 April 2027. The UK Government has confirmed that most unused pension funds and death benefits will be treated as part of a deceased person’s estate and therefore potentially subject to Inheritance Tax at 40% above the available nil-rate bands.

This change was announced in the Autumn Budget 2024, detailed in draft legislation in 2025, and is expected to be enacted in the Finance Bill 2025-26.

What does this mean from 6 April 2027?

From 6 April 2027 most unused defined contribution pension pots including SIPPs, personal pensions, workplace pension pots and uncrystallised funds will be included in the value of an estate for IHT purposes. This applies regardless of whether you have started taking income from them. Any pension death benefits which are paid out on death will also be in the value of the estate for IHT purposes

Reporting and Payment of IHT

Under the new rules Executors will be responsible for reporting and paying the IHT due on the pension element of an estate. Executors will have to instruct pension providers to withhold funds and pay any IHT due before releasing sums due from pensions to beneficiaries.

Are there any exemptions?

Some pensions will remain protected or exempt, including transfers between spouses and civil partners. Some ongoing pensions (e.g. schemes that pay a continuing pension to a surviving spouse or dependent) are not treated as part of the estate because they won’t have a capital value. The government has confirmed that death-in-service benefits payable from a registered pension scheme will be excluded from the estate for IHT purposes provided they meet certain conditions.

If you have already taken all your pension (i.e you’ve started drawdown or bought an annuity) then there’s nothing unused to include in your estate

Act Now

Building up large pension pots were seen as an efficient IHT planning tool but that will no longer be the case after April 2027. Bringing the value of significant pension pots in to estates for IHT means more estates will exceed the nil-rate bands and incur tax. If you are thinking about your own estate planning it is now more important than ever to review your arrangements and speak with one of our private client solicitors. We have offices in Dalry, Ayr and Girvan.

For more information, please contact Debbie Dunlop on 01292 281711 or debbie@mckinstry.co.uk

Succession Planning for Your Croft

Wed, 28 Jan 2026 15:28:41 GMT

Succession Planning for Your Croft: It Matters More Than You Think

Succession planning is important for everyone, regardless of the size of their estate. However, when your estate includes a croft, careful planning becomes critical. This blog focuses on tenanted crofts and grazing shares, but succession planning is equally important if you already own your croft outright.

What Is Succession Planning?

Succession planning involves deciding what happens to your croft after your death and making sure the correct legal steps are taken to protect it. Without proper planning, your croft could be placed at risk, transferred to someone you did not intend, or even lost altogether.

There are two main scenarios to consider: testate succession (where you have a valid Will) and intestate succession (where you do not).

Testate Succession: When You Have a Will

Testate succession describes the situation where you have a valid Will in place which specifies who is to inherit your croft and grazing shares.

If your chosen beneficiary is willing to accept the croft, your Executor must transfer it to them within 12 months of the date of your death. This process includes:

Sending notice to the landlord
Notifying the Crofting Commission
Updating the Crofting Register, if the croft is already registered
Submitting a first registration application, if it is not already registered

Why the 12-Month Deadline Matters

If the one-year deadline is missed, the condition in your Will regarding the succession of your croft is null and void. In these circumstances, you lose control of who will inherit your croft, and the Succession (Scotland) Act 1964 will determine your beneficiary.

This may result in:

The croft passing to someone you would not have chosen
Multiple beneficiaries being entitled to a share
The croft ultimately being sold.

All of this can often be avoided with timely action and proper planning.

Intestate Succession: When There Is No Will

Intestate succession describes the situation where you do not have a valid Will in place which deals with the inheritance of your croft. The timescale for your Executor to transfer your croft in such circumstances is extended to 24 months.

The 24-month period runs from:

The date of death, or
The date the Crofting Commission is notified of the death, provided this happens within two months

If your Executor fails to transfer your croft within the 12 month period mentioned above, they will have an additional 24 months to do so starting from the date of the expiry of the original 12 month period.

Additional Legal Steps and Costs

Intestate succession usually involves extra legal steps, including:

Applying to the Court to appoint an Executor
Applying to the Court to obtain Confirmation of your estate

These additional procedures increase costs for your estate, costs that can often be avoided by having a properly drafted Will in place.

Recent Case Law: What You Should Know

The Court of Session recently considered the 24 month timescale in the case of Pattinson v Matheson. They concluded that during this 24 month period, the croft is protected from the landlord and upon the expiry of the 24 month period, the landlord has the option to terminate the tenancy. If the landlord does not take action to do so, the croft can still be transferred to your beneficiary after the expiry of the 24 month period. Although this may prove helpful in some situations, it is recommended that your Executor adheres to the 24 month deadline to avoid the possibility of the croft being lost.

How We Can Help

At The McKinstry Company, we provide expert legal advice on croft succession planning and can also support Executors in administering estates efficiently and correctly.

We prioritise our clients’ personal, family, and business affairs, building long-term relationships based on trust and understanding. That commitment is why we are known as a Law Firm for Life .

Telephone: 01292 281711

Email: enquiries@mckinstry.co.uk

If you would like help planning for the future of your croft, our team is here to guide you every step of the way.

The McKinstry Company Continues to Grow in the South West of Scotland

Mon, 12 Jan 2026 11:04:22 GMT

The McKinstry Company Continues to Grow in the South West of Scotland

Leading Ayrshire law firm The McKinstry Company is pleased to announce the acquisition of the long-established and highly respected Girvan practice, Lambert & Co. Solicitors.

The acquisition, which took effect on 31st December 2025, represents a further development of The McKinstry Company, which offers a range of services across the legal spectrum including all aspects of property transactions, Wills and inheritance tax planning, business law, litigation and family law. With over 40 years in business, the firm’s commitment to excellence remains as strong as ever.

The McKinstry Company provides expert legal advice to people and businesses. Its Partners are supported by a team of experienced solicitors and together offer in-depth knowledge and expertise across a wide range of legal services. The firm now comprises 4 Partners with 15 Solicitors in total across 3 offices, which are located in Girvan at 146 Dalrymple Street; in Ayr at 39 Sandgate; and in Dalry at 44 New Street.

The principal of Lambert & Co., Alistair Lambert, will continue as Consultant to The McKinstry Company until the summer following the acquisition to ensure a smooth transition of the business. The McKinstry Company are also happy to welcome all of Alistair’s existing colleagues to The McKinstry Company team at the Girvan office. The team from Lambert & Co. will relocate to The McKinstry Company's existing offices at 146 Dalrymple Street. This brings together the two longstanding Girvan practices of Murray & Tait and Lambert & Co. all under the "roof" of The McKinstry Company.

On completion of the acquisition, Robert Honeyman, Managing Partner, commented:

"We are delighted to formalise our association with Lambert & Co. and are grateful to Mr Lambert to have the opportunity to acquire his practice. Lambert & Co. has enjoyed a strong reputation and client following over many decades in Girvan and the surrounding area. Our Girvan office is headed up by Partner, Debbie Dunlop, who has run the Girvan office since 2016, very shortly after our acquisition of Murray & Tait. The acquisition of Lambert & Co. will build on our offering to clients in Girvan and the South-West of Scotland. With the support of Alistair and his existing team we will continue the high standards of client service established by Alistair and look forward to welcoming clients to our office at 146 Dalrymple Street in Girvan."

Alistair Lambert endorsed these thoughts and remarked:

"I am very grateful to all our clients for giving me the opportunity to act on their behalf, and I am confident that The McKinstry Company will continue to represent their interests to the highest standards. I look forward to continuing to practise as a Consultant with The Firm to assist the smooth amalgamation of the practices."

We look forward to welcoming clients old and new as we embark on this exciting new beginning in Girvan.

Here for Life’s Legal Journey

Whether you are planning ahead, growing your business, or navigating a complex legal matter, The McKinstry Company remains dedicated to serving you with professionalism, care, and expertise. To arrange a meeting or learn more about our services, please contact our team on 01292 281711 or enquiries@mckinstry.co.uk .

New Year, New You… and Sometimes, New Solicitor

Wed, 17 Dec 2025 13:10:25 GMT

New Year, New You… and Sometimes, New Solicitor

January: The month of fresh starts, gym memberships, and kale smoothies. It’s also, somewhat less romantically, the month when family lawyers across Scotland brace themselves for what is sometimes referred to in the trade as “Divorce Season.”

While the rest of the country is nursing Hogmanay hangovers and wondering if they can survive another week without carbs, Scottish family solicitors are fielding calls from couples who’ve decided that “Auld Lang Syne” should apply to their relationship as well.

It’s easy to joke about this pattern of separation over Christmas or in the new year, but for the people involved, this is a deeply emotional time. No one enters a relationship or marriage expecting to end up in a solicitor’s office. The McKinstry Company understand this and we have a genuine commitment to helping clients navigate one of life’s toughest transitions with dignity and care.

The goal isn’t just to “win” a case—it’s to find solutions that work for everyone, especially when children are involved. So while the phones may be ringing, the tone in the office is far from callous. It’s compassionate and practical, and we are very aware that a relationship ending can be one of the most difficult things you will go through in your life.

Why January?

We’ve never been quite sure. Maybe there’s something about the festive period that magnifies cracks in a relationship. Perhaps it’s the pressure to have the “perfect Christmas,” or the fact that you’ve spent two solid weeks trapped indoors with someone who chews loudly and insists on watching Die Hard for the fifth time. Add in the financial strain of presents or the stress of family visits and the thought of facing another year together is maybe just too much.

Couples often try to “get through Christmas for the kids” or just see the new year as a chance for a fresh start or a clean break.

If you’re reading this and thinking, “that sounds like me,” well you’re not alone, and you’re not doomed to a bitter courtroom battle. Scottish family law has evolved to prioritise fairness and cooperation. Whether it’s amicable separation agreements or collaborative divorce processes, there are options that avoid turning January into a legal bloodbath.

What happens?

We can help with all situations. The separation may have happened where you have been married or maybe you were just living together. There may be children involved, or urgent financial matters to be addressed.

If you fill in some information here then we will call you (or email you if you prefer) for a free, no obligation chat about your situation and where we might be able to help. You can put is as much or as little information as you like – you do not have to fill in everything that is asked for.

You can call the office too, or make an appointment to come in for a meeting if you would prefer.

New Year, New Chapter

January may be the busiest month for family lawyers, but it’s also a time of hope. For many, separation isn’t the end—it’s the beginning of a healthier, happier life. If you find yourself in need of legal advice this New Year, please do contact us.

We prioritise our clients’ needs, understanding the importance of their personal, family, and business affairs. Our commitment to our clients is why we are known as a “Law Firm for Life.”

For more information, please contact Colin Duck on 01292 281711 or colin@mckinstry.co.uk

From Trainee to Solicitor

Tue, 11 Nov 2025 10:53:14 GMT

From Trainee to Solicitor

I can hardly believe I’m now writing this blog after what feels like the quickest two years of my life. At the same time, it seems like a lifetime ago that I walked through the doors of the Girvan office as a trainee on 1 August 2023. Today, I’m excited to begin the next chapter of my career as a Newly Qualified Solicitor (“NQ”), working within the Civil Court Department at our Ayr office.

For many bright-eyed and bushy-tailed law students, the path to qualification may seem clear. But for those who haven’t studied law at all it can be less obvious. In my case, I came to the legal profession a little later having first studied Fine Art. I then completed the Accelerated LLB during the pandemic, which brought its own set of challenges. After two years at the University of Edinburgh and then completing the Diploma in Professional Legal Practice at the University of Aberdeen, I embarked on my traineeship with The McKinstry Company.

Lawyers may not be known for their maths, but it has taken nearly five years (not counting my first degree) to be able to say: I am a solicitor. It is a responsibility I don’t take lightly, and I hope to use this role to assist clients and make a meaningful difference.

My traineeship began in private client work under the careful guidance of Debbie in our Girvan office. There I was introduced to the preparation of wills, powers of attorney, succession planning, farming partnerships, and accounting matters. Having spent many summers growing up around the sunny shores of Maidens, returning to work in and around Girvan felt like a full-circle moment. I really enjoyed helping a range of clients in assisting with getting their affairs in order.

At the same time, I also spent one day a week in our Ayr office under the watchful eye and supervision of Thiona McQuiston, gaining experience in the administration of trusts and with the preparation of guardianship orders.

In February 2024, I moved full-time to the Ayr office to join the Civil Court Department, working under the supervision of Robert and Colin. One of the things I love most about this area of law is its variety—no two cases are the same. The department covers a wide range of matters including debt recovery, personal injury, medical negligence, matrimonial and child contact cases, property disputes, company and commercial issues, and employment law. I also had the chance to continue working on guardianships and contentious estates.

I particularly enjoyed being in court and assisting with disputes not just in Ayrshire, but also in Lanarkshire, Dumfries and Galloway, and occasionally Glasgow. A highlight was attending the Court of Session in Edinburgh to sit alongside an advocate. Instructing and working with advocates is an important part of what we do, and it’s an area I’m keen to continue developing, as I foster professional relationships across Scotland.

I started appearing in Court on behalf of clients earlier this year and I am excited to gain more “in-person” experience in the Courts. There is a huge amount of preparation that goes into a case before it comes before a Sheriff and it is very rewarding to achieve a good result for clients and to guide them through the process.

I feel incredibly fortunate to support my local community and work closely with clients in Ayrshire and beyond.

Mentorship has played a vital role in my journey, and I’m deeply grateful to the solicitors who have supported and guided me along the way. Thank you to Robert, Thiona, Debbie, Colin, and Kirsty for their mentorship, and to all of my colleagues at The McKinstry Company. Teamwork is essential in this profession, and I’m thankful for the many people—often behind the scenes—without whom the delivery of legal services wouldn’t be possible.

I’m excited for what lies ahead—this is only the beginning! I’ll sign off with some wise words from Thiona that I expect will remain relevant throughout my career:

“Every day is a school day.”

To contact Emma call 01292 281711 or email emma@mckinstry.co.uk

My Paralegal Journey at The McKinstry Company - Natalie

Tue, 07 Oct 2025 10:09:40 GMT

My Paralegal Journey at The McKinstry Company - Natalie

Joining the Team

I joined The McKinstry Company in October 2024, taking up the position as a trainee Paralegal in Wills, Trusts and Estates in the Dalry Office. Prior to joining the firm, I worked in two other Law Firms within South and North Ayrshire and gained experience in Wills, Powers of Attorney and Executries over the course of ten years.

The McKinstry Company and my supervising solicitor, Katherine Honeyman supported me throughout the course of my paralegal journey and offered great support and help to me when needed.

Why I Chose The McKinstry Company

I already knew a few of the staff at The McKinstry Company who had nothing but nice and positive things to say about the firm but most importantly for me was that they are supportive of their staff and provide training in order to further their knowledge and skills. The encouragement and guidance I’ve received has helped me progress in my career and further develop my knowledge and skills.

My Role in Wills, Trusts and Estates

My role within the office involves handling and assisting all Executry matters alongside Katherine Honeyman. I have received great support from Katherine who is always happy to take the time to support me and help further my knowledge in all estate matters. Having such a great working relationship with Katherine has made my role that much more enjoyable and made the progression of my Paralegal course a lot easier.

A Company That Values Its People

One of the things that has stood out most to me is how much The McKinstry Company values and invests in its people and I have always felt supported and appreciated. On top of that the social events have been amazing whether it’s a night out or a team bonding activity which has let me connect with colleagues from across the three offices outside of work.

Looking Ahead

I am coming up on my one-year anniversary with the firm and I am really grateful for everything I have achieved in this time with the help of my colleagues but especially Katherine and Jane. I am looking forward to continuing my journey with The McKinstry Company and seeing what the next year brings!

Ed Sheeran’s Posthumous Album: A Reminder of Why Planning Ahead Matters

Fri, 03 Oct 2025 12:00:14 GMT

Ed Sheeran’s Posthumous Album: A Reminder of Why Planning Ahead Matters

Global music star Ed Sheeran recently revealed that he has written plans into his Will for a posthumous album. The collection – titled “Eject” – will feature songs carefully chosen by his wife after his death, ensuring the release is meaningful and not just a rushed compilation of unreleased material.

While his story made headlines, the principle behind it is something that applies to all of us. Sheeran has openly said he has seen the “mess” that can be left behind when someone dies without a Will, and he simply wants everything written down “in black and white.”

It might feel like a difficult topic, but planning for the future is not morbid – it’s responsible, thoughtful, and an act of love for those you leave behind.

Why Planning Matters

At The McKinstry Company, we regularly see the difference that having a properly drafted Will can make. Whether you’re a world-famous musician or a local family, the benefits are the same:

Clarity – A Will ensures your wishes are clearly understood and legally enforceable.
Control – You decide who inherits your estate, who cares for your children, and how your legacy is honoured.
Care for loved ones – Planning in advance reduces stress and conflict for your family at what is already a difficult time.
Legacy – Like Ed Sheeran planning his album, you can choose to leave behind gifts, charitable donations, or personal mementos that reflect your values and story.

It’s About More Than Money

A Will isn’t only about finances – it’s about legacy. From family heirlooms and letters to charitable gifts, your Will is a way to ensure that what matters most to you is passed on in the way you intend.

Start the Conversation Sooner than Later

Talking about death is never easy, but it’s a conversation worth having. If Ed Sheeran can do it publicly, we can all do it privately – with our families and with trusted advisers.

If you haven’t yet made a Will, or if it has been some years since you last reviewed it, now is the perfect time to take action.

Our dedicated team at The McKinstry Company specialise in Wills, estate planning, succession issues, and inheritance tax mitigation. We’ll guide you through the process with clarity, care and discretion, helping you plan with confidence and peace of mind.

Need to make or update your Will?

Contact our team today on 01292 281711 or email enquiries@mckinstry.co.uk to arrange an appointment.

Don’t leave it too late – protect your wishes, your family, and your legacy today.

Inheritance Tax (IHT) relief on business and agricultural assets

Fri, 03 Oct 2025 11:51:43 GMT

Inheritance Tax (IHT) relief on business and agricultural assets

From April 2026, Inheritance Tax (IHT) relief on business and agricultural assets will be capped at £1 million per estate which may result in many business owners and farmers’ estates subject to IHT. Previously, farming and business assets could qualify for 100% relief allowing farms and businesses to be passed down to the next generation without any tax due.

Under the new regime, assets above the £1 million threshold may attract only 50% relief – effectively subjecting them to a 20% tax rate.

Farmers and business owners will still have their own personal inheritance tax allowances, and a married couple may have up to a £2 million allowance if advice is sought and future planning put in place.

The £1 million allowance is not transferable unlike the personal allowances which means that Wills need to be carefully drafted to ensure that an estate maximises all allowances available.

The options available to families will very much depend on their own circumstances; the ages of those involved in the business, the nature and value of the assets, current borrowing etc. Matters may be more complex than families realise as there are not just tax consequences to consider when estate planning.

We are urging clients who think they may be impacted by the changes to review their affairs well ahead of the rule changes to ensure assets are passed on as efficiently as possible either during lifetime or through a Will.

If you would like to learn more about how the change to Agricultural Property Relief and Business Relief may impact you we are holding a seminar we are hosting a seminar in Ayr at the Western House Hotel on Wednesday 8 ^th October 2025 at 6pm . Our solicitors will discuss the new rules, planning strategies, and considerations for your family and business. Speakers from a local accountancy firm and financial advisory will also provide guidance. If you would like to attend, please contact Ashley Fleet at enquiries@mckinstry.co.uk or call on 01292 281711 .

If you would prefer to speak to a solicitor regarding your affairs please contact us on 01292 281711.

Below is a checklist of matters you may wish to consider before an initial meeting:

Where are your Title Deeds?
Do you know how the title to your farm is held? (in your name personally or in the name of the partnership?)
Do you have a partnership agreement in place? If so, is it up to date?
Does everyone involved in the business have a Will in place?
Does everyone involved in the business have a Power of Attorney in place?
Have you discussed a potential legal rights claims with your solicitor?
Has anyone involved in the business recently married or separated?

6 Things to Think About Before You Say I Do

Wed, 09 Jul 2025 13:02:52 GMT

6 Things to Think About Before You Say I Do

As wedding bells ring across Scotland, love is in the air – and legal planning might be the last thing on your mind. But we know that clarity and communication are just as important as cakes and confetti.

Here’s what every couple should consider before, during, and after tying the knot:

Planning a wedding is about more than just one day – it’s about your future. Whether you're entering your first marriage or giving love another chance, protecting your assets, home, and family through proper legal advice is a gift you give to each other.

Need help navigating this?
We're here to support you with clear, compassionate, and experienced legal guidance. Get in touch with our expert Colin by calling 01292 281711 or email colin@mckinstry.co.uk

Robert Runs London and Smashes the £10K Target

Tue, 27 May 2025 12:35:29 GMT

Robert Runs London – And Smashes the £10K Target for Ayrshire Cancer Support

After months of dedication, early mornings, and pounding the pavements, our Managing Partner, Robert Honeyman, crossed the finish line of the London Marathon on Sunday 27 ^th April in an impressive 3 hours, 35 minutes, and 44 seconds. But even more remarkable than the time was the cause behind the run and the overwhelming support that helped get him there.

We began this journey in memory of our much-loved colleague Lyndsay, who bravely faced cancer and nominated Ayrshire Cancer Support as one of The McKinstry Company’s charities of the year. Robert promised Lyndsay that he would run the marathon in her name and raise a "truck load of money" for the charity that supported her and her family so compassionately.

Thanks to your generosity, kind words, and encouragement, we not only hit our £10,000 fundraising target - we smashed it, reaching over £12,200.

In Robert’s words:

“It has meant a lot, and the fact that we were able to raise so much money for Ayrshire Cancer Support is amazing. I am delighted we were able to bring it home and smash the £10k target.”

The run itself was challenging, especially in the unexpected heat with miles 22 to 24 being particularly tough, but the goal kept him going. Robert was also thrilled to receive some thoughtful gifts from the team before heading down to London the perfect send-off. A post run sports massage voucher and plenty of sugar to keep the energy levels up.

A huge thank you to everyone who donated, shared, and supported the campaign in any way. And to our team who helped raise awareness and deliver an incredible campaign that showed what community and compassion can achieve.

Together, we’ve honoured Lyndsay’s legacy in the most powerful way by supporting others just like her.

The McKinstry Company Welcomes Robert Kelly to the Private Client Team

Tue, 08 Apr 2025 15:28:14 GMT

The McKinstry Company Welcomes Robert Kelly to the Private Client Team

We are delighted to welcome Robert Kelly as Trust, Executries and Tax Executive, strengthening our Private Client offering across all three offices.

With over 35 years of experience, Robert is highly respected in the legal profession for his specialist knowledge in executry and trust administration, Wills, Powers of Attorney, and inheritance tax planning. He joins us following a distinguished career, of almost thirty years, at D&J Dunlop in Ayr, where he led the Private Client Department.

Robert is known for his clear, solutions-driven approach and longstanding commitment to client care. His ability to manage complex estates and advise on sensitive family succession matters with clarity and confidence has earned him a reputation as one of the most trusted professionals in the field.

A key strength is Robert’s in-depth understanding of inheritance tax compliance and planning. His practical experience is complemented by years of teaching with the Society of Law Accountants in Scotland, where he lectured on inheritance tax to students and fellow professionals.

Robert’s arrival brings additional depth to our Private Client team and further enhances our commitment to delivering clear, expert advice to clients navigating the often complex areas of succession, tax and asset planning.

We are thrilled to have Robert join The McKinstry Company and are confident that both our clients and colleagues will benefit from his expertise and thoughtful approach.

Managing Partner Robert Honeyman says “We’re delighted to welcome Robert Kelly to The McKinstry Company. His depth of knowledge and decades of experience in private client work, particularly trusts and inheritance tax, are a tremendous asset to our team. Robert is highly regarded across the profession, and we know our clients will benefit greatly from his calm, clear, and considered approach.”

“ I’m delighted to be joining The McKinstry Company and becoming part of such a well-respected and forward-thinking team. I’m very much looking forward to working with clients old and new, on what are often deeply personal matters.” – Robert Kelly

You can contact Robert today by calling 01292 281711 or send an email to robertk@mckinstry.co.uk

Robert is Running the London Marathon

Wed, 29 Jan 2025 16:54:16 GMT

Robert is Running the London Marathon

We are incredibly proud to announce that our Managing Partner, Robert, will be taking on the London Marathon this April in support of Ayrshire Cancer Suppor t.

This challenge holds special significance as we celebrate our 40th anniversary, with Ayrshire Cancer Support chosen as one of our charities of the year.

Robert said “I have been fortunate enough to get the opportunity to run the London Marathon in April for Ayrshire Cancer Support.

One of my very dear colleagues courageously battled bowel cancer for 18 months and Ayrshire Cancer Support were invaluable to her. This led to her nominating Ayrshire Cancer Support as one of our charities of the year. Sadly, Lyndsay lost her fight with cancer and passed away at the end of November 2024 at the age of 41. I promised Lyndsay I would get the marathon done and raise as much money as possible for ACS. They are an incredible charity who provide much needed support at a time when families are dealing with the most difficult of circumstances. I aim to raise a load of money for them that will help them continue to support families across Ayrshire.

It is a privilege to be running the London Marathon in Lyndsay's memory.”

Please support Robert’s fundraising efforts and help make a real difference. Every donation, big or small, will go towards helping those in need.

Let’s get behind Robert as he takes on this incredible challenge!

Kerry Gooster – Accredited Residential Conveyancing Paralegal

Wed, 29 Jan 2025 11:32:17 GMT

Kerry Gooster – Accredited Residential Conveyancing Paralegal

Huge congratulations to Kerry on achieving her Residential Conveyancing Paralegal Accreditation! Since joining The McKinstry Company last year, Kerry has quickly become an integral part of our Dalry office and conveyancing team. We’re incredibly proud of the hard work, dedication, and commitment she’s shown in achieving this milestone.

Kerry’s journey to Accredited Residential Conveyancing Paralegal

“I joined The McKinstry Company in February 2024, taking up the position as a Residential Conveyancing Paralegal in the Dalry office. Prior to joining the firm, I gained experience in Residential Conveyancing over the last 10 years working with two Law Firms in East Ayrshire. During that time, I completed my Residential Conveyancing Paralegal Qualification in 2021 and thereafter started my Accreditation which was then placed on hold during my maternity leave. The partners at The McKinstry Company and my supervising Solicitor, Linda Clark, we're more than happy to support me to allow me to continue my Accreditation and have this completed within the firm in October of this year.

As I was already aware of The McKinstry Company and heard nothing but great things about the firm, I was of course delighted to become part of the team as soon as the opportunity arose. Since joining the Dalry office, I have felt very welcomed by the partners and all the staff. I felt instantly at home! I have not only built great working relationships with my colleagues, but also made great friends in such a short period of time!

My role in the office involves handling and assisting Residential Conveyancing transactions alongside Linda Clark. This includes Sale, Purchase, Transfer of Title, Re-Mortgage, Discharge of Securities and various other similar conveyancing transactions. I have received great support from Linda who is always happy to sit down with me and take the time to fully support me where needed to allow me to progress and further my knowledge in all conveyancing matters. Having such a great working relationship with Linda has always made my role that much more enjoyable.

Shortly after joining the firm, I was very kindly invited to TMC's 40 year anniversary trip to Málaga! Unforgettable trip and extremely grateful to the partners for their generosity!

In the short time I have been with the firm, I have already noticed the generosity, praise and efforts made to ensure their staff feel appreciated and noticed for all of their hard work!

I am very happy to be part of firm and excited to progress further in my role within The McKinstry Company!” Partner Kirsty said "�� ." Well done, Kerry – your success is truly well deserved, and we’re excited to see you continue to grow in your role!

Celebrating Colin’s Promotion to Partner

Fri, 10 Jan 2025 14:12:30 GMT

Celebrating Colin’s Promotion to Partner

We are thrilled to announce that Colin has been promoted to Partner, marking a significant milestone not only in his career but also for The McKinstry Company as we celebrate our 40th year in business. Colin’s promotion is a testament to his dedication, exceptional expertise, and the integral role he has played in our firm’s continued success.

Colin’s journey with The McKinstry Company has been characterised by hard work, professionalism, and an unwavering commitment to providing the highest standard of service to our clients. Over the years, he has built strong relationships, developed innovative solutions, and contributed significantly to the growth of the firm.

Managing Partner Robert Honeyman remarked: 
"Colin has been a key part of our team for many years, and his promotion to Partner is well deserved. He exemplifies the values we stand for—excellence, innovation, and client commitment. As we celebrate our 40th anniversary, it’s inspiring to see how Colin continues to grow both professionally and personally."

This has been a particularly momentous year for Colin as he also stepped into the rewarding role of fatherhood. Balancing the demands of professional growth and family life is no small feat, and Colin has embraced both roles with enthusiasm and grace.

On a personal note, Colin’s promotion has a touch of nostalgia. Colin grew up in Castle Douglas and has been a long-time friend of fellow Partner at the firm Debbie Dunlop. Reflecting on their shared history, Debbie said: 

"Colin and I go way back to our days as Douglas Lad and Lass! It’s been fantastic to see him grow into such a respected professional and now a Partner. I’m thrilled to work alongside him at this level."

Parnter Thiona McQuiston added: 
"Our firm is deeply committed to fostering talent and supporting career development, and Colin’s journey is a shining example of that. His leadership and vision will undoubtedly strengthen the firm as we look ahead to the future."

Partner Kirsty shared: 
"Colin’s promotion reflects his dedication and the respect he has earned from both colleagues and clients. We are proud to see him reach this milestone and know he will excel in his new role."

Colin’s promotion is a proud moment for the firm and a reflection of our commitment to nurturing talent and providing opportunities for growth. We look forward to seeing Colin continue to contribute his expertise, leadership, and innovative thinking in his new role as Partner.

Congratulations, Colin!

Comprehensive Conveyancing Services for Every Stage of Your Property Journey

Thu, 19 Dec 2024 12:08:13 GMT

Comprehensive Conveyancing Services for Every Stage of Your Property Journey

Whether you're a first-time buyer, upgrading to your forever home, or downsizing, our expert conveyancing team is here to guide you every step of the way. At The McKinstry Company, we simplify the legal side of property transactions, making the process as stress-free as possible.

With years of combined experience and in-depth knowledge of the local market, we deliver a service of the highest quality. From submitting or receiving offers to exchanging keys, we provide tailored advice and support to help you achieve your property goals efficiently and effectively.

Our Property Services Include:

House Purchases (including new builds)
House Sales
Re-mortgages (we're on the panels of all major lenders)
Equity Release
Help to Buy
Buy-to-Let Properties
Transferring Property Ownership

Selling Your Home?

Getting your solicitor involved early in the process ensures a smooth transaction.

We can help you:

Prepare essential documents, such as planning permissions for extensions or alterations.
Budget accurately for legal fees, outlays, and any tax liabilities.
Navigate all legal aspects of selling with ease.

Buying Your New Home?

When buying a property, it’s essential to have a solicitor to guide you through the legal maze.

Here’s how we help:

Submitting formal offers to estate agents.
Negotiating terms and securing contracts (missives).
Liaising with mortgage providers and completing all necessary paperwork.
Registering your title deeds with the Land Register of Scotland.

Our team works closely with financial advisers, estate agents, surveyors, and other professionals to ensure seamless transactions and the best possible results for you.

Meet Our Expert Property Team

Kirsty Leitch – Partner & Head of Property Kirsty was appointed Partner in October 2023 and leads our Property Department. With extensive experience in residential, commercial, and agricultural transactions, Kirsty’s market insight and negotiation skills make her an invaluable asset to our clients.

Email Kirsty

Linda Clark – Associate
Based in our Dalry office, Linda joined us in September 2023 with a wealth of experience, from civil court practice to private client and conveyancing work. She handles residential and commercial sales and purchases with professionalism and care.

Email Linda

Evelyn Crate – Associate
Evelyn recently returned to Ayrshire after her time in the Isle of Skye. Specialising in residential transactions, particularly in rural areas. She brings a warm, client-focused approach to assisting with sales, purchases, remortgages, and transfers of title.

Email Evelyn

Why Choose Us?

Our clients trust us to deliver high-quality, cost-effective conveyancing services. Whether you’re buying, selling, or managing your property portfolio, we’ll ensure your transaction is handled efficiently, leaving you free to focus on the next chapter in your journey.

Contact Us Today

Call 01292 281711 or visit mckinstry.co.uk to learn more. Let’s make your property transaction seamless and stress-free!

Cash Is King

Mon, 11 Nov 2024 10:15:03 GMT

Cash Is King!

What do you do when a customer does not pay their bill? Cash flow is essential to any business. One significant debtor, or a handful of small debts, can have a significant negative impact and cause disproportionately difficult problems. We take a straightforward, direct and cost-effective approach to debt recovery, and can help maintain relationships with good customers, or make a point that you will not be taken advantage of by the difficult ones.

Can’t pay, won’t pay?

In the vast majority of cases, one letter from us to the debtor will prompt payment, even where a debt has been unpaid for months or even years. The threat of court action – along with additional penalties and interest we can apply – is often enough to push the debt to the front of the queue.

All we need is a copy of the unpaid invoice to get started. We can work out any interest and penalties that can be added on.

In the few cases where a demand from us does not get a positive response, service of a Writ or Summons after Court action is raised will recover payments in most cases. By that stage, Court expenses would also be payable by the debtor, meaning this is a cost-effective approach.

If the case is undefended, we have extensive experience of enforcing decrees (a Court judgement in your favour) and recovering payment from difficult debtors. If the case is defended – which is a rare event – we have a team of experienced litigation solicitors willing to fight your case and give practical advice.

Self-Help

The easiest way to avoid having to chase debts is to have good credit control procedures in the first place. There are many steps that can be taken. For example, capturing the correct details for the client at the start is simple but can avoid pitfalls later on. Is your client an individual, a partnership or a limited company? What is their address? Can you get a payment to account before work commences?

The start of a relationship with a new client can also be a time to capture information that may help recover payment later on, for example, by obtaining information about where they bank or about their other trading premises.

Well structured terms and conditions can also help – for example, by allowing you to charge additional interest or to recover legal costs where payment is late.

Our Approach

The McKinstry Company can assist in all of these areas. Where a debt is overdue, the approach we take is that we do not make empty threats: if we threaten Court action then Court action will follow if the debtor does not pay. If you want an assessment of your current credit control procedures, or advice on your terms and conditions, we would be happy to assist.

To contact Colin call 01465 713 118 or email colin@mckinstry.co.uk

Celebrating 40 Years of Service: The McKinstry Company’s Commitment to Clients and Community

Thu, 07 Nov 2024 09:39:25 GMT

Celebrating 40 Years of Service: The McKinstry Company’s Commitment to Clients and Community

As The McKinstry Company celebrates 40 years, we reflect on a legacy of dedication to our clients and the communities we serve across Scotland. Founded in October 1984, the firm has grown from a single-practitioner operation into a leading legal practice with 40 staff members across Ayr, Girvan, and Dalry.

Growing Across Ayrshire

Over the past four decades, The McKinstry Company has expanded organically and through key acquisitions, most recently integrating the well-established North Ayrshire firm, James Patrick & Muir, in 2022. This growth strengthens our ability to serve a diverse client base, including individuals, businesses, and community organisations.

Reflecting on the firm's evolution over the past four decades, Managing Partner, Robert Honeyman remarked,

"Our continued success is rooted in the hard work and dedication of our colleagues, along with the loyalty of our clients. We are incredibly grateful to everyone who has supported us on this journey, and we remain committed to providing the highest level of service to our clients and contributing positively to the communities we serve."

Building Lasting Client Relationships

Our “Law Firm for Life” philosophy prioritises lasting partnerships over transactional services, offering comprehensive legal support at every stage of clients' lives and business ventures. From property law and family issues to wills, estates, and corporate advice, we are committed to professional, practical, reliable support, making us a trusted partner for clients across Ayrshire and beyond.

Celebrations and Community Engagement

This anniversary isn’t just about business milestones; it’s about our team, clients, and community. To mark the occasion, we hosted a gala at Lochgreen House Hotel, celebrating with loyal clients whose support has been integral to our journey. Our team also enjoyed a commemorative trip to Malaga, strengthening the close bonds that drive our success.

In gratitude for our community, we’re partnering with Ayrshire Cancer Support, Diabetes UK, and RNLI Girvan over the next year. From charity events to fundraising challenges, we aim to make a meaningful impact, continuing our tradition of giving back.

Looking to the Future

As The McKinstry Company looks forward to the next chapter in its history, the firm's leadership remains committed to innovation, growth, and the continued provision of exceptional service to its clients.

As The McKinstry Company marks 40 years of success, it does so with a profound sense of gratitude to its clients, colleagues, and the local community. The firm’s journey over the past four decades has been one of growth, adaptation, and commitment to excellence.

Here's to another 40 years of success, service, and community engagement!

A Year of Learning and Growth

Thu, 29 Aug 2024 07:46:28 GMT

A Year of Learning and Growth

As I pass the milestone of completing the first year of my traineeship, it is a good time to reflect on the journey so far. Stepping into the world of conveyancing has been both rewarding and challenging, offering me invaluable insights into the complexities of this specialised area of law.

When I embarked on this traineeship, I knew it would be demanding, but I wasn’t entirely prepared for the sheer breadth and depth of knowledge I would need to acquire. Throughout the past year, I’ve had the opportunity to work closely with experienced solicitors who have not only guided me through the intricacies of the law but also imparted the importance of precision, diligence, and client care. The willingness and patience of colleagues across the firm to field my questions and to guide me in my development is something I am extremely grateful for.

Whether it's drafting legal documents, analysing complex title deeds, or liaising with clients, every task has been a learning experience. The hands-on nature of this traineeship has allowed me to develop practical skills that are crucial for a successful career in this field, and many skills which could be of use in other areas of law too.

Truthfully, it’s not all been plain-sailing. There have been times when the pressure of competing deadlines and the responsibility of handling significant transactions felt overwhelming. However, each challenge overcome has brought with it a sense of achievement. Successfully navigating a complicated transaction, or receiving positive feedback from a satisfied client reinforces my commitment to becoming a skilled and trusted legal professional.

Over this first year I’ve enjoyed building relationships with colleagues, clients, and other professionals within the industry. Conveyancing is as much about people as it is about property, and developing strong professional relationships is key to success in this field. I’ve learned the importance of clear communication, empathy, and collaboration — skills that are essential when guiding clients through what is often one of the most significant transactions of their lives.

I’ve also had the opportunity to attend industry events and engage with peers enabling me to broaden my understanding of the field and start to build a network of contacts that will be invaluable as I progress in my career.

There have been times to savour outside of working hours too, including a very enjoyable Christmas night out and, more significantly, the firm’s trip to Malaga, which is certainly not something I could have imagined happening before I started working but will be a weekend that remains long in the memory!

Completing the first year of my traineeship has been a significant achievement. While the journey has had its challenges, I am grateful for the experiences and opportunities I’ve had so far. As I enter the second year of my traineeship, I do so with a sense of confidence and anticipation. The foundation laid during this first year has equipped me with the skills and knowledge I need to tackle the more complex aspects of conveyancing and to be more adept at managing a busy and varied workload. I’m eager to take on more responsibility, deepen my expertise, and continue to grow both professionally and personally.

I’m sure this next year will fly by!

Emma - First Year Trainee Blog

Thu, 29 Aug 2024 07:45:00 GMT

This past year has flown by faster than I could have imagined. I am currently in the second seat of my training contract, working in the Civil Court Department at the Ayr office. My journey began with six months in the Private Client department under the mentorship of Debbie in the Girvan office. Now, having departed the sunny shores of Girvan for the equally "sunny" shores of Ayr, I have spent the last five months immersing myself in the hustle and bustle at number 39, getting to grips with all things Court-related.

The level of work and responsibility has significantly increased since I first started in the department, which is something I truly appreciate. I enjoy the variety of tasks that come with case management; no two days are ever the same, which keeps the work engaging and challenging.

One aspect of Court work I particularly enjoy is researching the law to understand how it has evolved through Court decisions. I am equally conscious of the responsibility I have to assist people through difficult and challenging times in their lives. It is incredibly rewarding to secure a favourable outcome for clients.

I am also becoming familiar with the Court processes involved in some Private Client work, such as guardianship applications, and I am eager to continue building on the foundation of knowledge I gained in my first seat.

While many Court hearings now take place online—a practice that has continued post-COVID—there are still plenty of opportunities to attend Court in person. I have had the chance to sit in on hearings at both Ayr and Kilmarnock Sheriff Courts. Ayr Sheriff Court is only about a five-minute walk from the office, and despite being a local, it was my first time ever stepping inside, which was an exciting experience!

Having reached the one-year milestone as a trainee, I will soon be applying for the right of audience to appear in Court. I am looking forward to honing my court craft and putting theory into practice.

I am fortunate to have the support of my supervisors—Robert, Colin, and Karen—who, like many in the firm, maintain an open-door policy. Our weekly department meetings are invaluable for staying up to date on current and upcoming cases. I also greatly appreciate the secretaries in the department, who have been an invaluable support and have welcomed me warmly into the team.

We are encouraged to get involved in networking, charitable, and social activities at the firm. Recently, we celebrated the firm's 40th anniversary and even had a fantastic team-building trip to Malaga. Early summer sun and tapas were most definitely a bonus! I also attended Ayr County Show where we were sponsoring the adorable Valais sheep class.

I had my own milestone birthday in May, and I was pleasantly surprised by all my colleagues in the office which is indicative of the warm team culture at The McKinstry Company.

Finally, what I have enjoyed most about my second seat so far is the increased responsibility I have in progressing matters from initial instruction, while receiving a good level of support and supervision. I am also appreciating how the Civil department intersects with other areas of law how everyone works together across the different departments.

The confidence I have gained from this experience makes me excited for the next six months as I work towards qualification. One down, one to go!

Celebrating 40 Years of Success: The McKinstry Company's Memorable Trip to Malaga

Fri, 24 May 2024 15:21:56 GMT

Celebrating 40 Years of Success: The McKinstry Company's Memorable Trip to Malaga

The McKinstry Company recently marked a significant milestone in its journey – the official start to the celebration of its 40th anniversary . To commemorate this momentous occasion the Partners had arranged a special team building trip, to which everyone was invited, to the picturesque city of Malaga, in sunny Spain. This not only served as a well-deserved break for the dedicated team but also as an opportunity to foster camaraderie and team spirit across the three offices.

The Partners look forward to many more activities as part of our 40th anniversary celebrations including our fundraising challenges and our gala dinner towards the end of the year.

Celebrating 40 Years of the McKinstry Company

Tue, 02 Apr 2024 08:32:01 GMT

Celebrating 40 Years of the McKinstry Company

For the past forty years we have been serving the people of Ayrshire and beyond. What started as one solicitor and a few support staff in the middle floor of 39 Sandgate, Ayr - has grown into an established high street law practice with bases in Ayr, Girvan and Dalry.

Over that time the law has evolved hugely, and so has the world in which we practice law. Typewriters and fax machines have gone and who can remember a world when we had no internet or mobile phones? While this has changed the way in which we practice law, allowing flexibility in the delivery of our service, our core values have remained the same.

The McKinstry Company has always been dedicated to building a strong relationship with its clients rather simply thinking of them as a transaction. This has been at the heart of our growth and success over these past forty years. Long term client relationships, looking after all aspects of our clients’ affairs is what our clients need and expect. This client-centred approach has been reflected in the logos (and their straplines) which we have used over the years: – “People are our Business” and “A Law Firm for Life”.

We have only got to where we are with the custom, loyalty and support of our amazing clients. We have clients who have been with us from day one and others who have joined our journey along the way as our business has grown and acquired other established Ayrshire firms. It has been a privilege for us to share our journey with so many clients to help, advise and guide them through their journey in life.

While clients always come first, we couldn’t have achieved what we have without the amazing team we have the pleasure of working with each day, whom all play their own part in delivering success for The McKinstry Company.

As we take a moment to celebrate this milestone, we are never complacent and are always looking at how we can improve to keep us at the forefront of the provision of legal services in the West of Scotland for the next forty years and beyond!

Will Promotion Raises £1,000 for Girvan RNLI

Mon, 25 Mar 2024 11:14:50 GMT

Will Promotion Raises £1,000 for Girvan RNLI

Girvan RNLI Lifeboat were delighted to receive our £1,000 donation following a recent Will promotion run by our Girvan Office. Partner, Debbie Dunlop and Melissa MacAskill are pictured with Lifeboat crewman/ Treasurer John Tait and crewman Nathan Tait.

Both new and existing clients were offered the opportunity to create a Will for free, being asked only to make a charitable donation of at least £50 to our charity partner, Girvan RNLI Lifeboat. Many adults do not realise the importance of making and amending their will. Not having an up-to-date Will can create many difficulties for families when a loved one passes away.

Many people put off making a Will for the majority of their lives, but if you want to ensure your assets are distributed the way you wish after you pass away, it is essential to get legal advice and assistance. This not only brings about peace of mind for our clients and their families.

Lifeboat crewman/ Treasurer John Tait said:

“On behalf of Girvan RNLI i would like to thank Debbie and everyone at The McKinstry Company for their efforts and supporting Girvan lifeboat via their free will initiative. We are humbled to have this support.

It costs on average £1500 every time an all-weather lifeboat is launched. It costs £1400 to train a crewmember and around £1600 to supply our crew with the required layered clothing and boots. All money raised through Girvan lifeboat helps go towards these costs. The RNLI is celebrating 200 years this year and we are planning some additional fundraising activities to mark the occasion. We have a bingo evening on April 19 ^th and we are looking forward to floating in a life raft for 200 hours in July, we are looking for businesses and individuals to support this event by way of sponsorship, details can be found on our Facebook page.”

We were delighted to support Girvan RNLI during their 200 ^th year. The 24-hour search and rescue service around the United Kingdom and Republic of Ireland coasts is invaluable.

Debbie Dunlop

debbie@mckinstry.co.uk

Melissa MacAskill

melissa@mckinstry.co.uk

Traineeship – 6 months in

Mon, 11 Mar 2024 14:14:52 GMT

Traineeship – 6 months in

Six months into my traineeship, reflecting on where I started, I am now filled with confidence in all that I have learned so far.

For the past six months I have been working in the Private Client department under Debbie’s guidance in the Girvan office. Working with Debbie I have met with clients regarding wills, powers of attorney, inheritance tax and partnership agreements. This has given me valuable insight into the intricacies of being a solicitor, no day is the same.

During my initial months with The McKinstry Company I spent a lot of time getting used to the firm’s case management system. My colleagues were all very helpful and patient despite me asking questions about tasks which were second nature to everybody.

Private Client is a busy department and from day one I was involved in drafting documents and taking notes during meetings. Gradually I built on this knowledge to understand the procedure involved in executry administration. Private Client being my first seat has taught me the importance of file management, which is essential in any area of law, learning valuable organisation skills and attention to detail. It has also opened my eyes to the role of an advisor in people’s lives and the responsibilities that come with being a solicitor.

Understanding general legal practice is essential as different departments often interweave. Working in Private Client has introduced me to property transactions, as well as trusts and tax liability in the winding up of an estate. I have also been involved in guardianship applications and I am looking forward to gaining a greater understanding the court processes these involve.

I have been fortunate to work in the Ayr office on Wednesday each week which gave me the opportunity to get to know my colleagues in Ayr and assist Thiona and Melissa. As a newly qualified solicitor Melissa has been a great support in navigating my traineeship. I think a support system around you gives you a foundation for success and working alongside my fellow trainee Ross MacKinnon it has been exciting to share in our progress.

Outside of work we enjoyed an evening out in Glasgow with the whole The McKinstry Company team to see Snow White and the Seven Dwarves over the festive period. I have been able to socialise with my colleagues at events hosted by the firm which also connect us to other Ayrshire businesses. I am looking forward to more of The McKinstry Company events as I continue to build relationships within the community.

As the nights get brighter, I eagerly anticipate the coming months and the new challenges they will bring. Transitioning to the civil department in the Ayr office this month brings great anticipation. Although leaving the Girvan office is bittersweet, I look forward to delving into court work and gaining confidence in this new arena.

I am ready for the next phase of my traineeship, knowing that the next six months will undoubtedly fly by!

Emma Clark

Trainee Solicitor

Email: emma@mckinstry.co.uk

6 Months In - Navigating the World of Property

Mon, 11 Mar 2024 13:45:34 GMT

6 Months In - Navigating the World of Property

I can’t quite believe it’s already been six months since I started my traineeship. It’s been remarkably quick so far, full of challenges which I have relished and learned from. At the same time, I know that I still have much more to gain in the coming months and have of room to improve.

I really value the guidance and support I’ve had from colleagues in conveyancing and across The McKinstry Company so far, who have generously fielded the in numerous questions I have raised. I’ve enjoyed the level of personal responsibility for progressing and managing my work I’ve had from an early stage, which I feel has accelerated my learnings on the job.

Truthfully, I initially underestimated the depth of intricacies and challenges that awaited me in conveyancing. From the onset, property transactions presented themselves as a labyrinth of legal nuances and practical considerations. As a trainee, I quickly learned that understanding property law is not merely about comprehending statutes and regulations; there are very real human stories behind each transaction that have to be accounted for.

One of the most significant lessons I've learned thus far is the importance of attention to detail. In property transactions, even the slightest oversight can have profound implications. Whether it's drafting legal documents and client communications, conducting due diligence, or navigating regulatory frameworks, precision is paramount. The devil truly resides in the details, and, as a trainee, I've come to appreciate the value of this in every aspect of my work.

Moreover, communication emerges as a cornerstone of success in property transactions. I've had the privilege of witnessing firsthand the power of clear, proactive and transparent communication in fostering trust and cultivating lasting client relationships. I remember when I first started being nervous to make a simple phone call. Now I can see the value of them in being able to clarify issues and to progress matters more efficiently. And while my skills in communicating have improved significantly, I know that I still have much to learn in this area.

Having been involved in a supportive capacity in purchase and sale transactions in my first few months, more recently I have had the opportunity to effectively run (with supervision) my first property purchase transaction from start to finish. Amidst the challenges and complexities, when the transaction successfully concluded I felt a real sense of fulfilment in having helped my clients buy their first home.

I’ve also had the opportunity to engage with property matters that link with our private client, family law and litigation departments, and I’ve enjoyed these opportunities to engage with different areas of law and to understand various legal issues that arise within them.

I’ve thoroughly enjoyed the social side of the job so far as well, with a particular highlight being our company Christmas night out for dinner, drinks and panto in Glasgow. I look forward to more of these events in 2024!

I am excited to continue learning and improving my performance in the coming months, and I’m sure the next six months will fly by in no time at all!

Ross MacKinnon

Trainee Solicitor

Email: ross@mckinstry.co.uk

Calling all landowners and tenants your RCI deadline is only a couple of weeks away.

Mon, 11 Mar 2024 09:26:12 GMT

Calling all landowners and tenants your RCI deadline is only a couple of weeks away.

The Register of Persons Holding a Controlled Interest in Land (RCI) is a public register of persons who have a controlling influence on property or land. It launched in April 2022 and aims to improve transparency about who really owns and makes decisions in relation to land and property in Scotland.

Who and what needs to be registered?

Broadly, there are five main categories of persons to whom the RCI regulations apply and who may need to register. These are Partnerships, Trusts, Unincorporated Bodies (such as clubs or residents’ associations), overseas entities and individuals subject to contractual or other arrangements (such as option agreements).

If you are the title holder or a long-term tenant (>20 years) of property or land and are also the primary decision-maker in relation to it, then you will not need to register with the RCI. You may also be exempt from registering in the RCI if you are already subject to some other form of transparency regime - for example, Limited Companies do not need to register because they are subject to the Persons with Significant Control regime. If you are unsure on whether you might need to make a submission, we are happy to provide advice on this.

When is the deadline?

The deadline for submitting to register with the RCI is 1st April 2024 . Failure to register where required is a criminal offence and could result in fines of up to £5,000.

How to register?

Submissions are made online at the Registers of Scotland website. The owner (or tenant) is to be registered as a ‘Recorded Person’, while the person who has the controlling interest in the property or land is an ‘Associate’, and upon registration will receive an Associate Reference Number. It is the responsibility of those who are ‘Recorded Persons’ to provide the information to the RCI and to ensure its accuracy.

The information required consists of basic details about the persons being registered, such as names, addresses, date of birth and the capacity in which they own or have an influence over the land or property in question

How can The McKinstry Company help you?

Should you require any further information please do not hesitate to contact our property department who will be happy to assist- there are only a few weeks left to register, so don’t get caught out!

Please contact our property department on 01292 281711.

Appointment of Andrew Sleigh

Mon, 11 Dec 2023 13:17:19 GMT

The McKinstry Company, a leading firm of solicitors in Ayrshire, has announced the appointment of Andrew Sleigh as non executive chairman of the firm.

It is anticipated that Mr Sleigh will assist the McKinstry Company in the development and execution of its growth strategy and also with corporate governance issues. Mr Sleigh recently retired as a senior corporate law partner in Glasgow and he was recognised as a leading practitioner in the SME /family company sector and also as a prominent sports lawyer. His role as chairman is not client facing.

Robert Honeyman, Managing Partner of the McKinstry Company said: "We are very pleased that Andrew has agreed to act as our chairman. He brings to the table a lot of corporate and commercial experience which will be invaluable as we meet the challenges of growing and future proofing our business".

Andrew Sleigh commented: "I am delighted to join Robert and his colleagues at this important time in the firm’s development. Graeme McKinstry founded a fantastic firm and I am very fortunate to have been nominated to succeed him as chairman. I hope that my skill set and perspectives will contribute to the firm’s development".

Celebrating The McKinstry Company in Dalry

Mon, 23 Oct 2023 08:03:51 GMT

We were delighted to recently celebrate the 1st anniversary of our acquisition of the business of James Patrick & Muir.

Time has flown by, but what an amazing year it has been. During this first year, Katherine and her team have settled into their new surroundings at 44 New Street and given the place a makeover in The McKinstry Company colour scheme. It has been wonderful to welcome clients old and new to the office and introduce them to the team. Over the past twelve months the team has been shaped to meet the needs of our clients from Dalry and surrounding areas. Our Dalry team is now comprised of:

Katherine Honeyman (Associate – Private Client)

Linda Clark (Associate – Conveyancing)

Tara Graham (Paralegal – Private Client)

Nicole Jamieson (Reception/Secretary)

Jane Marshall (Conveyancing Secretary)

Yvonne Taylor (Reception/Secretary)

While the Dalry office has a focus on Private Client and Conveyancing, the office has the capability of dealing with most legal matters as our other solicitors and our partners are in regular attendance in Dalry to service the needs of our clients.

In order to recognise our first anniversary, we held an event at the office for clients and local connections. Despite the weather, we had a great turnout. It was a wonderful opportunity for clients and connections to enjoy a chat, lovely food and a glass of wine with all our team when there was no pressure of the usual working day. From the inception of The McKinstry Company nearly 40 years ago we have always sought to develop strong, long-lasting relationships with clients and the local community. This continues within our Dalry office where you will always find a friendly member of the team able to assist and ensure you receive an exceptional service.

Katherine Honeyman, Associate – Private Client at TMC Dalry says:

“Since taking over the running of the Dalry office last year, I have enjoyed being a part of the local community. Dalry has welcomed The McKinstry Company, and I have enjoyed getting to know the clients and local connections. I am so happy to be a part of the Dalry team and can hardly believe that a year has passed. I am pleased to welcome experienced local solicitor, Linda Clark, who has recently joined me in Dalry. Linda and I have worked together before and we look forward to further developing the Dalry office and our offering to clients throughout North Ayrshire.”

From Trainee to Newly Qualified Solicitor: Melissa’s Journey at The McKinstry Company

Tue, 10 Oct 2023 08:18:30 GMT

Okay… I think that may have been the quickest two years of my life! I am officially a newly qualified solicitor and extremely excited to be continuing on as a newly qualified Solicitor with The McKinstry Company. I can’t quite believe how much I have learned and all the new experiences I have had along with challenges I faced. Since my last blog post, my life at The McKinstry Company has changed with a move to the Ayr office which happened in March 2023. The office move was nerve wracking but exciting with an abundance of exposure to new executry issues and other matters to wrap my head around.

I have had continuous training throughout my traineeship from seminars, courses and one to one training with Thiona and Debbie. This, coupled with managing and leading my own files and having direct hands-on experience has promoted my development and boosted my confidence. Thiona and Debbie have always been supportive and encouraging even when there were files I struggled to get my head around.

Over the course of the last two years, I have been involved in an array of different work. Setting up Personal Injury and Discretionary trusts, setting up Scottish Charitable Incorporated Organisations, and dealing with the registration of Trusts through HMRC’s Trust Registration Service. I have also had experience of working on executries where the deceased is domiciled abroad and have had to get opinions on their Will. I have been responsible for running my own files, from meeting with clients at the outset to take their instructions and thereafter progressing and finalising matters.

I have continued my own personal business development since my last update and am planning some exciting upcoming events. The partners have supported me in thinking outside the box whilst also working with our other solicitors.

During my traineeship I have made strong connections with both clients and colleagues. The firm encourages socialising, making sure the social life at The McKinstry Company is great! We have had various staff events to socialise and let off steam after all our hard work. This is a great time for the staff to bond out of the office.

It’s amazing to look back at when I first started and see just how much I have developed with the knowledge I have gained. Completing my traineeship at The McKinstry Company has shaped me into a confident, competent, compassionate, and resilient solicitor.

On a final note, I would just like to say a massive thank you to Robert, Thiona and Debbie and all my colleagues at The McKinstry Company for all their support and encouragement over the last two years which has helped me grow into the solicitor I am today. I could not think of anywhere else I would rather start my qualified career and I feel very well prepared for taking this next step.

Cheers to the future!

Ross McKinnon - One Month In

Thu, 28 Sep 2023 07:58:02 GMT

It’s been an action-packed first month in my Traineeship at The McKinstry Company. I was quite anxious about starting work, especially with also having moved away from home for the first time, but the support from my colleagues has helped me settle into the company and the area well. They have been very patient in answering the many, many questions I have had about everything so far, which I really do appreciate.

From week one, I have enjoyed getting to attend client meetings and seeing first-hand the effort that goes into building client relationships which TMC values so highly. An unexpected bonus on the first day was getting to attend the local Conveyancers’ quarterly lunch which allowed me to meet some solicitors from other firms and to hear about what kind of issues are present across different firms in the area. At the end of the first week TMC also organised an informal welcome drinks for myself and fellow trainee Emma which was a nice way to get to know some of my colleagues better in an out of office setting.

I was surprised to be given responsibility over some client files within the first couple of weeks with various types of matters ongoing and at various stages of progression, but also pleased because I was keen to get stuck in to work and to get to grips with the responsibilities of my role in the Conveyancing department. I find I learn best through practice, and it helps that my supervisor, Kirsty, has been great at going over the work I have done and showing me how I can improve.

Already I have been involved in drafting and reviewing documents, letters, email correspondence, registering titles and even settling transactions, covering a variety of residential, commercial and rural property. I have also undertaken some research tasks which have brought me into contact with the Litigation department on matters related to property. It’s been nice to have this cross-department interaction, with a lot of our work also relating to the Private Client department.

I have had some training on our systems and processes which by the end of the month I feel I am (hopefully) getting to grips with, and have also had some cash room training which has been useful for me to understand the overall progression of a transaction. I have also been involved in weekly team meetings to go over any departmental issues and to improve our team’s overall efficiency and effectiveness.

One thing that has become very clear to me as the month has gone by is that it is critical to be organised when you have responsibility for a number of different files, all with different tasks to complete, to help you keep track of what needs to be done and of any looming deadlines. I also learned that you need to be able to take good notes from phone calls and to make sure they are actioned and added to files appropriately.

While there have undoubtedly been some challenging days so far, I finish the first month overall feeling positive about the progress I have made and optimistic about continuing to improve over the coming months. I look forward to getting to know the Conveyancing team and the whole organisation better, with more opportunities for socialising in that respect coming up soon.

Emma Clark – My First Month as a Trainee Solicitor

Thu, 28 Sep 2023 07:55:04 GMT

As I start to think of what I will write, or more precisely where to begin this blog on my first month as a trainee solicitor, I cannot ignore the temptation of AI writing tools like Chat GPT. However, it is obvious to me to reject the convenience. While apps like Chat GPT can arguably turn coal into diamonds, the same cannot be said for becoming a solicitor. There is no shortcut or substitute for experience and the nuance of your own voice must not be lost. The transition from university student, trainee and ultimately solicitor is not something that can be simulated.

In a snapshot that thought process neatly captures what has been my first month as a trainee solicitor within the private client department. The standard of work must be high and be consistently high. You are always challenging yourself, confronting yourself and holding yourself accountable. The transition from university to trainee solicitor is definitely ‘real’.

Within the first week I had been present at three client meetings for Wills and Powers of Attorney, typed up detailed file notes (the more detail the better) and drafted documents. I did not expect to be given as much responsibility in my initial weeks however I quickly grew confidence in my ability. As I progress through the weeks, I am enjoying the range of demands of a trainee solicitor from research tasks on contentious areas to understanding the business of a law firm. Cash Room and accounts are crucial and are everyday administrative tasks. I am learning the importance of a global skillset which is essential in the solicitor’s toolkit in addition to knowledge of the law.

I am also learning to be adaptive and practical; it is not unusual to be asked to complete tasks at short notice and reassess priorities. I also cannot seem to go anywhere without a notebook and a pen, a habit I expect will continue. While a practical approach to work is important, it is vital to be caring especially in areas such as Private Client. You are often helping people through what may be the most difficult time of their lives.

My colleagues have all greeted me with a warm welcome. Even on busy days, doors are always open to ask questions – something I feel I do a lot at the moment. Within the first week we had a team lunch for everyone in the Girvan office at Souter’s Inn. On Friday of the same week, drinks were organised at the T-bar where I had the opportunity to meet colleagues from the Ayr office. There is emphasis on being sociable at The McKinstry Company and fostering relationships with colleagues and clients alike as well as supporting the wider Ayrshire community.

Finally, I am excited to reflect on where I will be in six months from now as my first month has been full of challenges and better than I had expected my first few weeks as a Trainee to be …

HAVE YOU CONSIDERED EQUITY RELEASE?

Thu, 16 Mar 2023 16:47:49 GMT

HAVE YOU CONSIDERED EQUITY RELEASE?

The equity release market is booming with record activity with 93,421 new and existing equity release customers in 2022 unlocking £6.2 billion of property wealth.

Most individuals and couples find that their savings are tied up in their biggest asset - their home. Those over 55 years of age can raise finance with the assistance of equity release borrowing which releases funds which were previously tied up in equity in their property to spend as required on holidays of a lifetime, upgrade their homes or provide their beneficiaries with their inheritance whilst they are alive to watch them enjoy it.

The Equity Release Council carried out a survey which concluded that 40% of homeowners believe it is becoming more acceptable to have a mortgage in later life, while 57% are interested in accessing money from their property as they age.

The most predominant type of Equity release mortgages utilised by individuals and couples are “lifetime mortgages” which normally run for the remainder of the borrowers’ life.

Those interested in raising finance with a lifetime mortgage should be aware of the following-

1.A “lifetime mortgage” has the effect that the lender will provide a lump sum payment and in return you grant a Security in favour of the lender over your home. The title to your home would still remain in your name.

2.Most lenders have a minimum value of property they will offer this product for and it is important that you have an idea of the value of your property prior to approaching some lenders.

3.The amount you owe is normally paid back from the proceeds of the sale of the property following your death. Any sums left over would then pass to your beneficiaries in terms of your Will.

4.If you were to move home at any time in the future you would require the consent of the lender – they may allow you to transfer the equity release mortgage to the new property. Any sale of your current home would require the consent of your lender.

5.If you required to go into long-term care, the sums due to the lender would require to be repaid upon the sale of the property.

6.The interest rate for the initial advance is normally a fixed interest rate. Interest is payable on the whole sum available to you regardless of whether you utilise the full amount or not. Individuals should be aware that interest can build up quickly.

7.You will not make any monthly repayments during the lifetime of the mortgage.

8.The offer of an equity release mortgage is normally based on your anticipated life-span (this tends to be based on 15-20 years) however you can continue to reside in the property once the anticipated period has passed and the “mortgage” would continue to run on.

9.If you were to repay the mortgage in full prior to the end of the term the lender may charge an early repayment fee.

10.There is normally a “no negative equity guarantee”. If when your property is sold the market value is less than the sums owing to the lender you do not have to pay any more than the sale proceeds.

11.An equity release mortgage may affect your ability to claim social security benefits and your tax position.

12.You will be required required to continue to repair and maintain your property through the duration of the mortgage.

13.You cannot obtain another mortgage from another lending institution without the consent of the equity release lender.

14.If any other person requires to reside in the property with you for any reason whatsoever you will require the consent of the lender.

We recommend that prior to entering into an equity release mortgage that you discuss matters with your family and intended beneficiaries under your Will as this will ultimately affect your Estate upon your death. Some lenders do allow you to ring-fence part of the property to ensure there is some inheritance for beneficiaries upon your death however this should be checked with each individual lender.

There are various types of equity release mortgage available on the market and individuals should meet with a mortgage advisor to ascertain which option is best for them as equity release is not for everyone. We recommend meeting with an independent mortgage advisor who will research the market on your behalf and source the best equity release product for you.

If you are considering an equity release mortgage please contact our property department on 01292 281711 or enquiries@mckinstry.co.uk

Kirsty Leitch, Associate

THE MCKINSTRY COMPANY EXPANDS INTO NORTH AYRSHIRE

Mon, 07 Nov 2022 17:22:16 GMT

The McKinstry Company is pleased to confirm its acquisition of the long established and prestigious Dalry Law Firm, James Patrick & Muir

The acquisition effected on 5 ^th August 2022, represents a further consolidation and development of The McKinstry Company which offers a range of services across the legal spectrum including all aspects of property transactions, Wills and inheritance tax planning, business law, litigation and family law.

The Firm comprises 3 Partners, with 10 solicitors in total across the three offices, which are in Ayr at 39 Sandgate, Dalrymple Street in Girvan and now in New Street in Dalry and together boasts a huge range of knowledge, skills and legal expertise.

The principal of James Patrick & Muir, Mr Jimmy Russell, will continue as Consultant to The McKinstry Company for a short period following the acquisition to ensure a smooth transition of the business.

On completion of the acquisition, Robert Honeyman , Managing Partner commented: -

“We are delighted to formalise our association with James Patrick & Muir and are grateful to Mr Russell to have the opportunity to acquire this practice on his retirement. James Patrick & Muir has enjoyed a tremendous and strong reputation and client following over many generations in Dalry and the surrounding areas. When Mr Russell took over James Patrick & Muir in July 1988 he committed to the continuity of the high standards of service set by Mr Muir before his own retirement. Mr Russell has done just that and it is our intention to continue to provide high quality legal advice and service which has been the tradition of the practice. We look forward to welcoming clients existing and new to our office at 44 New Street, Dalry and to providing outstanding legal advice and quality of service to the people of North Ayrshire.”

As part of the team which will oversee the running of the Dalry office, The McKinstry Company is also delighted to announce the recruitment and appointment of Katherine Honeyman as an Associate. Katherine, who has lived in North Ayrshire almost all her life, will be based in the Dalry office and will have responsibility for the management and development of the office.

Katherine is an experienced solicitor with over 25 years in practice having worked primarily throughout the West of Scotland and for the past 12 years with the same firm in Ardrossan and Largs. Katherine has a broad range of legal expertise and understands the importance of first class service and the development of a strong relationship with all clients.

Katherine commented on her appointment:

“This is an exciting opportunity and I am looking forward to playing a key part in the further growth of an ambitious firm where I will be able to offer clients in North Ayrshire the quality of Private Client service already provided by our other offices and look forward to meeting with clients, existing and new. “

Her Majesty The Queen: 1926 - 2022

Fri, 09 Sep 2022 09:07:55 GMT

We are greatly saddened by the passing of Her Majesty.

She has been a constant in our lives for these past 70 years and will be greatly missed.

We hold His Majesty The King and all The Royal Family in our thoughts at this time of mourning.

Lyndsay Steele obtains Paralegal Qualification in Wills, Trusts and Executries

Fri, 19 Aug 2022 13:51:34 GMT

I joined the firm in August 2019, taking up a position as a Private Client Assistant. Previous to that I worked within various roles in Law Firms in Ayr and Kilmarnock although have always had a keen interest in the administration of estates.

Why Family Businesses Are Different

Fri, 05 Aug 2022 15:10:48 GMT

A balance of interests

Family businesses work well when there is a balance of interests. Although this balance can appear stable, it can never be static: things change. Family members grow older, make career choices and make life choices, business activities move forward. When things change, it is normal for a family business to adapt as little as possible and cope rather than to make any real change as this can often feel too risky, “if it ain’t broke…”

An example of this is when a family member wants to join the family business but is not actually welcome. Rather than use this to start addressing succession issues, families tend to compromise and find a job for the incompetent brother or cousin, telling themselves that they will deal with it another time.

As the family business becomes more complex over time, ownership fragments as it passes down the generations and this can lead to misunderstandings – “I thought my wife would get a job” and unfulfilled expectations – “I thought everyone would get an equal share.”

When it gets to the point that a family business can no longer move forward by replicating the past, a new balance of interests need to be created. At this point, an advisor can help the family work through the challenging issues.

The family need to sit with their advisor and understand the bigger picture. The family business is a circuit board of anxiety and conflict will break out when someone feels that his situation is no longer tolerable. This can happen, for example, when the senior generation continue to postpone succession planning to the point where the next generation start behaving in a way that the senior generation then finds alarming.

Any intervention based on the view that conflict is down to one individual will not resolve the issue. The advisor needs to help the senior generation understand that the next generation is at a stage of life when they need to know what is happening in order to put in place plans for their own lives. The senior generation can be tempted to ask the advisor to “have a word” with the next generation in the hope that things will continue as they did before because they are not ready to move on. Even if the next generation agrees to put up with the situation for a bit longer, the risk is that the situation becomes so intolerable, the next generation leaves to pursue their career aspirations elsewhere.

Family businesses are unique and require specialist advice. When it comes to succession planning, a skilled advisor can make the difference between a workable plan that everyone is comfortable with and ensures the business is successfully passed down to the next generation and a temporary fix that appeases one generation but frustrates another.

Putting off business succession planning is the worst thing you can do. It doesn’t happen overnight and you need to have a plan that ensures that you can retire comfortably and that the business you have built continues to thrive in the hands of the next generation’

To contact Debbie call 01465 713 118 or email debbie@mckinstry.co.uk

Conflict is normal

Melissa MacAskill Trainee Blog – 1 year in

Fri, 29 Jul 2022 10:29:14 GMT

I can’t believe that I have already completed the first year of my traineeship with The McKinstry Company (TMC). A year packed full of new experiences, new friends and n ew knowledge.

During the first few months at the firm I picked up fundamental skills which enabled me to navigate the firm’s case management system and furthered my knowledge on Wills and Powers of Attorney . I feel very fortunate that my colleagues were all extremely patient and helpful in these early months. This supportive environment helped to build my confidence and I felt that no question was a silly question – although I am quite sure some of them definitely were.

For the last year I have been working under Debbie and she has been extremely supportive and has allowed me to experience practical, hands on work. I have had exposure to clients with complex inheritance tax issues, I have set up various Scottish Charitable Incorporated Organisations, dealt with Guardianship applications and had experience in farming matters. I have also been responsible for various executry files and have been involved in initial meetings, contacting institutions where a deceased individual held assets, liaising with clients, ingathering funds and winding up an estate.

TMC has invested lots of time and resources into my training and development to ensure I can be a successful trainee. I have had attended various seminars and training days to coincide with direct hands on experience. This continuing promotion of my learning is really helping to provide me with the key skills and knowledge required to be as successful as I can.

My knowledge of the private client area has increased tenfold in the last year and I have gained an understanding of the importance of client communication. The past year has refined my client communication, ensuring that I am communicating the right message in a way that clients can understand. Whilst this may seem an easy thing to do, it can be challenging at times when dealing with recently bereaved clients. Plenty of practice and guidance is shaping my abilities to effectively communicate and provide a better service.

Each month I attend a business development meeting alongside the other solicitors to discuss business development ideas, what we can do to meet new clients and any upcoming events the firm has planned. Not only have these meetings given me a good insight into how to develop professional relationships but taught me that business development can happen anywhere.

It has been rewarding working alongside the charity group to help raise funds for Ayrshire Baby Loss this past year and helping to arrange fundraising events.

I am really looking forward to the remaining 12 months of my training contract and the raft of new challenges the months ahead will bring. Whilst not every day has been easy, each day has been a learning experience which has provided me with more knowledge and confidence in problem solving. Every day really is a school day at TMC!

One down one to go!

Succeed with Succession Planning

Fri, 22 Jul 2022 15:37:25 GMT

Succeed with Succession Planning

Most families in business together know that at some point they are going to have to sit around a table and talk about plans for the future of the business. Many however, don’t know where to start and putting it off can often mean that it never gets done. This month, Debbie Dunlop looks at what is involved in taking that first step just to get to the table.

What makes succession planning so difficult?

Society has changed and this can make it harder for today’s family businesses. Not everyone gets married, or may marry someone who doesn’t fit with the family, there may be children from previous relationships to consider. Daughters are as involved nowadays as sons and parents feel that they should treat their children equally. More children go on to higher education but may want to return to the family business at some point. There are lots of personal factors that make it difficult to even start the process without even taking in to account the skills and experience required for taking on a business.

How can advisors help?

Each family member has their own ambitions and expectations both for the family and for the business. It can be difficult however to see the wood from the trees when you are so involved in both. As a family business succession advisor, I can identify the issues and help the family see that there are not limitless options available to them.

Who should start the process?

The lead has to come from the older generation. This doesn’t mean that they need to have all the answers at the outset, quite the opposite. What they need to do, is let the next generation know that they are starting to think about it. This in itself can help open the discussion and spur the next generation on to get involved. For a succession plan to be successful, everyone involved in the family and in the business needs to be part of the process.

What next?

Before any discussions can start, the family needs to sit down with their solicitor and accountant and understand what the current position is legally. Many families make decisions without consulting their advisors and this can have costly legal and tax implications later on.

It is also often the case that title to property can be held differently from how the family thought it was held. Partnership Agreements and Wills are often out of date, poorly drafted or have never been signed. Even if you don’t feel ready to start the discussion with the family, it is still worthwhile having a review of your affairs with your solicitor.

What are your top five tips for succession planning?

· Start early

· Involve the whole family

· Stop thinking equality means fairness

· Start training your successor

· Get help from an advisor

To contact Debbie call 01465 713 118 or email debbie@mckinstry.co.uk

D ebbie Dunlop, Partner

The McKinstry Company Promotions

Mon, 13 Jun 2022 14:09:04 GMT

The McKinstry Company Promotions

The McKinstry Company are delighted to announce the promotion of Colin Duck, Katie Russell & Nathaniel Alexander to Associate.

Managing Partner, Robert Honeyman, commented “Katie, Nat & Colin have our sincere thanks and many congratulations for their hard work, dedication and drive that has got them to this stage in their career and we look forward to seeing their further progression in the firm.”

Colin joined the firm in 2018 and is a key member of our litigation team. He specialises in family law, debt recovery and tenancy disputes. Family law is a particular interest and Colin regularly advises clients on all aspects of this area of law including, in particular, separation, divorce, cohabitation, contact with children, adoption and pre-nuptial agreements. On his recent promotion Colin said;

“I am delighted to become an Associate at The McKinstry Company. It is a very well-run firm with client service and client relationships being the focus of everything we do and I look forward to working hard over the coming months for the clients and for the firm.”

Katie is a key member of our Property Team, dealing primarily with residential conveyancing transactions, consisting of property sales and purchases, part-exchanges, remortgages, general security work, transfers of title and residential leasing. Katie has been praised for her clear guidance and advice during a time that can be very stressful for clients and she thrives on making sure that her clients experience a seamless transaction from start to finish

“Having only been at The McKinstry Company for just two years, it is a great honour to have been promoted to Associate and I look forward to progressing my career with the firm.”

Nathaniel’s expertise covers all types of conveyancing and property work for both residential and commercial property, acting for individuals, companies and lenders. He follows the Ayrshire property market closely, allowing him to provide constructive and relevant advice for all types of property transactions. Nathaniel also fulfils the role of the firm’s ‘Wellness Ambassador’. This role was created to help encourage mindfulness, positivity and mental health awareness within the firm and to provide the correct support for staff whoever may need it.

“I am delighted to be promoted to Associate along with my colleagues Katie and Colin. I look forward to fulfilling my responsibilities to my colleagues, the firm and our clients.”

Will Promotion Raises £3,000

Mon, 13 Jun 2022 14:05:37 GMT

Will Promotion Raises £3,000

Galloway Mountain Rescue Team were delighted to receive our £3,000 donation following the recent Will promotion run by our Girvan Office. Partner, Debbie Dunlop is pictured handing over the cheque to Lex Muir and Ray McCutcheon from Galloway Mountain Rescue.

Lex Muir, Chairman of Galloway Mountain Rescue said; “Galloway Mountain Rescue Team are hugely appreciative of the fund-raising effort by Debbie Dunlop of The McKinstry Company.

The funds raised will assist us in continuing to provide the search and rescue services which have been the central core of what we do since the team was formed in 1975.

All members of the charity are unpaid volunteers and are on call every day of the year providing services throughout Dumfries & Galloway and touching on South Ayrshire. Our annual running costs are significant and donations such as this from The McKinstry Company are vital to our ongoing success as an organisation.

We were also very impressed with Debbie’s great interest in the Team, in the services we provide and in how the organisation is run.”

Both new and existing clients were offered the opportunity to create a Will for free, being asked only to make a charitable donation of at least £50 per will to our charity partner, Galloway Mountain Rescue. Many adults do not realise the importance of making or amending their Will. Not having an up-to-date Will can create many difficulties for families when a loved one passes away.

We regularly run these will promotions in aid of vital local charities from Dumfries and Galloway, across Ayrshire and all the way to Orkney. We find that by offering to write someone’s Will in exchange for a charitable donation to a cause close to their hearts motivates people to get in touch and finally get their affairs in order. This not only brings about peace of mind for our clients and their families but raises funds for these very worthwhile causes.

Dementia Action Week - Plan ahead and appoint a Power of Attorney

Mon, 16 May 2022 15:14:34 GMT

Losing mental capacity is a distressing experience for both you and your loved ones. But, if you plan ahead and appoint a Power of Attorney, the impact on your family can be lessened.

This Dementia Action Awareness week (16–22 May)

Alzheimer's Society want you to take action if you are worried about memory loss. A timely diagnosis can help you make important decisions about treatment, support and care. Three out of five people with dementia wish they had got a diagnosis sooner.

Dementia. A condition describing certain neurological disorders that ultimately lead to the eventual loss of the brain’s functions. Dementia is a progressive condition and by late-stages it can impact the affected person’s life in so many profound ways. Also, not to forget the many ways the condition affects the lives of people close to a person living with dementia. This is a topic many people would not like to bring-to-mind however dementia is a very real issue many people are facing. It is thought that ninety thousand people in Scotland are living with this condition and seventy-four percent of people knowing or knew a person with dementia.

There are five common types of dementia (vascular dementia, frontotemporal dementia, mixed dementia, dementia with Lewy bodies and Alzheimer’s disease) and over two hundred subtypes of the same condition.

Some common symptoms to early stages of dementia include difficulty finding the right words, difficulty following a discussion, changes in mood and finding it difficult to preform everyday tasks (such as calculating the correct change when out shopping). The mentioned symptoms are often called “mild cognitive impairment” (MCI) and is not enough to be diagnosed as dementia. These symptoms may seem inconsequential at the time however they slowly and progressively worsen. Sometimes the people affected don’t even notice these symptoms. Friends and family may disregard them as something “unimportant”. Some people with “mild cognitive impairment” (MCI) could go on to develop dementia. Fifty percent of people living with dementia have not yet received a diagnosis. Dementia, along with Alzheimer’s disease is the main cause of death for people in their nineties (developing dementia isn’t a part of getting older).

In the later stages of dementia people can develop behavioural problems, communication problems, mobility problems and other significant changes to their life. For loved ones taking care of a person with dementia would perhaps be one of their most challenging tasks they would ever have to face as a person you once knew would slowly be taken from you. There are many stories highlighting the horror of dementia. In one such case the patient’s carer (her daughter) said” I felt as if I couldn’t leave my mum on her own, in case she wanders so it’s 24/7.”

Such problems do require twenty-four-hour health care and even that has its own set to problems. For weekly twenty-four-hour nursing in a care home the costs could reach to one thousand pounds. Fifty point nine million pounds a year is faced by the people living with advanced dementia. These are quite substantial cost and some families are considering going to extreme lengths to cover the cost of this care, one family even fearing that they would have to sell their family home.

With thirty five percent of people living with advanced dementia in Scottish care homes it is estimated that another twenty thousand new cases of dementia will arise in the next year. Unfortunately, there is no cure for dementia. Only some of its symptoms can be eased by treatment. With the progressive nature of this illness the person affected and their family can face a lot of uncertainty about the future (such as their financial status, their mental and physiological state). Even though their options may seem limited there are things that can be done to secure stability.

Power of Attorney

Making a Power of Attorney can be the first step in regaining stability as it allows you to appoint a trusted person (family or friend) of your own choosing to make decisions for you on your behalf (both financial and personal).This is in case you lose capacity (and you are incapable of making your own decisions). Power of Attorney may not even be needed but its always there and its better to be safe than sorry.

Importance of Having a Will

Creating a Will always will be useful as you are in control of what happens to your assets. Without one the law can decide what happens to your assets and your assets may even be divided up in a way that is unsatisfactory to you. Creating a will gives you peace of mind it is an easy process and will pay off in the future.

The McKinstry Company can offer support with legal issues such as Power of Attorney, Wills, Care Home Planning and many other services. The McKinstry Company will make the process quick and simple with the highest level of professionalism.

It is in everyone’s interest to act now to ensure more stability in their later life and peace of mind. Contact our Private Client team today.

Graeme is stepping down from his appointment as Chairman

Mon, 09 May 2022 13:58:27 GMT

On 1 October 1984 Graeme established The McKinstry Company. Since that time, Graeme has overseen the development and consolidation of the practice from a predominately litigation service to a thriving High Street practice providing legal services across a variety of sectors. He did so as founder and Senior Partner and over the past 4 years, following his retirement from the Partnership, as Chairman.

Having given up his practising certificate and retired as a solicitor two years ago, Graeme has decided that the time is right for him now to step down as Chairman. On announcing this decision, Managing Partner, Robert Honeyman commented: -

“I started with The McKinstry Company 25 years ago when Graeme saw something in me that encouraged him to offer me a traineeship to start my legal career. It has been a great personal and professional privilege to work alongside Graeme these past 25 years. Following his retirement as a Partner, I stepped into his shoes as Managing Partner to lead the Firm that he established. Over the past four years Graeme’s support and advice has been invaluable to me and my Partners to continue to drive the Firm forward to ensure its evolution and adhering to its vision: - to be the premier legal advisers in South West Scotland.

The Partners and I wish to thank Graeme for all his support and hard work as Chairman in all aspects of the practice, in particular in ensuring a smooth transition following his retirement as a Partner.”

Graeme is stepping down from his appointment as Chairman to concentrate on developing his Consultancy – McKinstry Practice Management – which advises solicitors throughout Scotland on a range of management and related issues.

Keeping Orkney Safe

Mon, 24 Jan 2022 11:17:53 GMT

Our recent free Will initiative raised the incredible amount of £8,000 for a charity close to the hearts of Orcadians, Orkney Drugs Dog.

Many adults do not realise the importance of making or amending their Will . Not having an up-to-date Will can create many difficulties for families when a loved one passes.

Debbie Dunlop, Partner, said the firm was “overwhelmed by the response to this promotion. Putting a Will in place is something people know that they should do but never find the time to do it. By offering to write someone’s Will in exchange for a donation to a charity that is close to people’s hearts really seems to motivate people to get in touch and finally get it done, bringing them peace of mind whilst raising funds for a very worthwhile cause. During the pandemic, people have had to embrace technology more which meant people were much more comfortable having a meeting via zoom. We are delighted with the amount we raised”.

Andrew Drever, Orkney Drugs Dog Chairman, said: “As a charity, we are delighted that The McKinstry Company are supporting Orkney Drugs Dog and have raised an amazing £8000 for us through their Will Aid initiative.

Financial support, such as this, is hugely important to the sustainability of our charity and we will use this welcome money to assist us in achieving our goal of “Keeping Orkney Safe”. During the year 2020/21, through partnership working, Orkney Drugs Dog assisted in the removal from our Islands of heroin, cannabis, cocaine, and many tablet forms equating to a total street value of almost £90k.

We thank The McKinstry Company and all their clients who took up their offer to prepare their Will whilst contributing so generously towards Orkney Drugs Dog.”

We would like to thank the people of Orkney for their generous contributions to this charity. They have not only looked after their own future, but they have also supported Orkney Drugs Dogs in keeping Orkney safe. If you would like to make or amend your Will, do not hesitate in contacting our team now .

My First Six Months

Tue, 18 Jan 2022 14:41:26 GMT

It’s funny looking back at the last six months’ and just how quickly they have gone. After my first month I was feeling excited and confident to progress and that translated into the 5 months that followed .

In my first month I picked up fundamental skills which enabled me to navigate the firm’s case management system, whilst furthering my knowledge on Powers of Attorney and Wills . The team at The McKinstry Company were all so patient and helpful and I really think this supporting environment set me up well for the months that followed. It allowed me to feel confident in what I was doing and that no question is a silly question, even though I’m quite sure some of them definitely were.

After my first month, I was then exposed to a greater variety of work starting with executry matters. Having been introduced to this in my Diploma, it was time to put my knowledge into working practice. Since then, I have been involved in initial meetings, to contacting institutions where a deceased individual held assets, liaising with clients, ingathering funds and winding up an estate. Although it took some time (and plenty practice), having the hands-on experience of being directly involved and carrying out the work, has allowed me to pick up a variety of skills and expand my knowledge.

The McKinstry Company (TMC) have not only provided me with direct experience but have promoted and encouraged my learning through online seminars and training days. This continuing promotion of my learning is really helping to provide me with the key skills and knowledge required to be as successful as I can.

Executry matters are not the only type of work I have been involved in, in the past 6 months I have also drafted the constitution of a Scottish Charitable Incorporated Organisation (SCIO), worked on a guardianship application, and helped manage the administration of a financial Power of Attorney .

I have also been given more responsibility with my workload and have gained an understanding of the importance of client communication. The past six months’ have really facilitated in refining my client communication, ensuring that I am communicating the right message in a way that clients can understand. Whilst this may seem an easy thing to do, it can be quite challenging at times when dealing with bereaved clients. Plenty of practice and guidance is shaping my abilities to effectively communicate and provide a better service.

Whilst not every day has been easy, each day has been a learning experience which has provided me with more knowledge and confidence in problem solving. Every day really is a school day at TMC!

I’m sure the next 6 months will pass just as quickly as these have. I am looking forward to putting my new skills to practice and seeing how far I have come.

Putting a Will in Place - a New Year Resolution

Mon, 10 Jan 2022 15:25:03 GMT

If you are one of the around 60% of Scots who do not have a Will in place, then now is the time! It is a new year, a fresh start and time to get your legal affairs in order.

It has always been incredibly important to have a Will in place. Although it may seem a daunting task, it is the easiest and most cost-effective way of protecting your loved ones and ensuring your estate is distributed as you wish. You can even instruct the drafting of your Will from the comfort of your own living room!

Decisions to Make When Making a Will

A Will addresses numerous matters, including who to appoint as Executor . Your Executor is the person that will deal with the administration of your estate, and it is important that you appoint someone you can trust to carry out your wishes under your Will. You can appoint more than one person and/ or appoint substitutes.

Your Will also outlines how you want your assets to be distributed, whether they are to pass to your loved ones and/ or charities of your choice. This may include bequests of any specific items, such as jewellery or antiques, or specific sums of money.

If you are a parent to a young child, your Will can appoint Legal Guardians for them, should anything happen to you while they are under the age of 16 years. Your Will may also dictate at what age your children would be allowed to receive their inheritance, safeguarding the assets for them while they are young. An age threshold can of course also be applied where you are making provisions in your Will for young grandchildren, nieces, nephews etc.

Your Will may also contain your funeral instructions, giving your loved ones direction and peace of mind during a difficult time.

Legal Rights

It is important to consider and understand legal rights when preparing a Will. In Scotland, surviving spouse and children have automatic rights to their deceased spouse or parent’s estate. These are called legal rights, and they cannot be avoided. This is true regardless of whether a Will is in place or not. Legal rights can be claimed on a person’s net moveable estate, which includes money, shares, cars and personal possessions such as jewellery. Heritable property, such as houses or land, is not included in the calculation of legal rights.

When a person is survived by both their spouse and children, the legal rights entitlement is to a one third share of the net moveable estate. In this instance, the spouse can claim a one third share, and the children are able to claim a further one third between them. When a person is survived by only their spouse or only their children, then the survivors are entitled to claim a one half share of the net moveable estate.

A spouse or children can claim their legal rights, even if they are not named in a Will. However, if they are named in a Will, they cannot claim their share of the estate under the Will as well as their legal rights. It must be one or the other.

Will Myth Busting

Many people believe that DIY wills are just as good as professionally drafted Wills. This is often not the case. Seeking professional legal advice for the preparation of a Will ensures that it is well drafted and adheres to requirements under Scots law. Failure to include correct wording or have the Will signed properly can cause issues after a person has passed away. This ultimately brings undue stress and expense which could have been avoided with a well drafted and executed Will.

There is also a big misconception that a Power of Attorney grants authority to deal with a persons estate after they die. Again, this is not the case. A Power of Attorney is an important and valuable document to have in place for during your lifetime. However, it does not allow for dealing with a loved one’s estate after they pass away. In fact, as soon as an individual passes away, their Power of Attorney falls. Only a W ill can deal with a person’s estate after death.

Making a Will during Covid-19 Pandemic

We are able to take instructions from our clients in face-to-face meetings or over various video conference call platforms, such as Zoom, Microsoft Teams, FaceTime, etc. We can even take initial Will instructions over the phone. Once we have taken your instructions, we will prepare a draft Will which will be emailed or posted to you for your review. Once you are satisfied with the document, it may be signed and sent back to us for safekeeping.

Where is my principal Will?

Tue, 16 Nov 2021 09:17:05 GMT

Often when solicitors are drawing up your Will they will retain the principal Will for safe keeping and forward a copy of the signed Will to you to be kept alongside your personal papers. However, it is important that your family members are able to locate your principal Will when you are no longer here as it is the principal that must be relied on when administering your estate.

If only a copy of your Will can be located, Scots Law does not consider this copy to be ‘self-proving’ and further evidence is required to confirm that the copy Will was your last Will and testament and that it should be treated as if it was your principal Will. This involves making an application to the court and the Sheriff will use their discretion to satisfy themselves that the signature on the Will was in your usual signature before deciding whether or not the copy Will can be “set up” and treated as though it were your principal Will. This can cause a delay in the administration of your estate and can become an expensive process which can be stressful for your loved ones.

Today an increasing number of firms are merging with other law firms due to the effects of the COVID-19 pandemic and some law firms have been forced to close their doors. In instances where mergers occur with other law firms, often documents, including Wills, can going missing when paperwork is being transferred over by way of human error.

If it has been a while since you last considered the terms of your Will or were in touch with the law firm that drew up your Will, it is important to touch base with them to ensure they still hold your Will and it is able to be located.

It may be helpful to discuss with your family where your principal Will is stored or to keep along with your Will a note to this effect so that when your family members require to obtain your principal Will, it can be easily located and is one less thing for them to worry about.

Should you hold your principal Will at home, we always recommend to our clients that they store this in a safe place.The effect of not being able to locate your principal Will, or even a copy of it, will mean that your estate will be governed by the Law of Intestate Succession which may result in family members benefitting from your estate that you did not want to benefit.

It may be that in the past more than one firm of solicitors had acted for you for different matters, and we find that an increasing number of our clients are now moving all their personal documents, including their Will, to firms closer to home so they can all be stored safely together, locally. If this is something you would like to do, or should you wish to discuss this topic further, please be in contact with our Private Client Team who shall be able to advise you in relation to your Will and all other personal matters today.

Do you need a Cohabitation Agreement?

Tue, 09 Nov 2021 10:07:37 GMT

Buying a property for the first time is such an exciting and pivotal moment in one’s life and sometimes it is the natural next step in your life with a significant other, cementing your relationship by purchasing a home together. Some say that taking out a joint mortgage with a partner is actually a bigger commitment to one another than entering a marriage or civil partnership as you are binding your finances together into one asset (a lthough perhaps not quite as romantic).

As an unmarried couple when purchasing a property together or indeed even moving in with one another, it is important that you are aware of the legal consequences that this can have. Where two individuals live together and are in a relationship but not married, they are deemed to be “cohabitating”. With lockdown bringing a focus on people’s living arrangements, many more couples have decided to move in with one another. In Scotland, cohabitants have a right to a financial claim which can become available to them upon separation, which is not possible in other jurisdictions. Often, issues arise when a couple decide to separate, and property has been purchased in joint names (whether they had made equal contributions to the price or not). Without any type of agreement in place this can cause disputes.

Of course, when you purchase a property with your significant other or decide to move in with one another you don’t typically plan for that arrangement to end in dispute, but it is sensible to safeguard your position at the time to prevent any issues going forward. There is a real benefit in entering into a Cohabitation Agreement when you move in or buy a property with a partner to cater for future financial claims and provide much needed certainty.

A Cohabitation Agreement can set out ongoing arrangements agreed between both parties on matters such as (a) who will pay the bills and mortgage and how this will be split between you, (b) in the event of a sale, how sale proceeds will be divided, (c) financial support for each party in the event you separate and (d) whether cohabitation rights would apply.

By discussing this with your partner and having an agreement set up, it means there is clear communication between both of you going forward and a document that you can refer to if in the event, a dispute arose. Ideally, you will never have to refer to it but if it turns out you do, then you will be glad you agreed to the terms before things had the potential to get confused.

Members of our property team and family law team work closely together to ensure you have the best arrangements set up when purchasing a property together. If you are looking to purchase a property or have changed your living arrangements recently, get in touch and we can discuss the best available options to you going forward.

Family Protection Trusts

Tue, 28 Sep 2021 08:23:07 GMT

Do you have a Family Protection Trust ? If so, you may need to take legal advice and we are here to help! It is important to seek advice to ensure that your trust is properly set up and to know what action needs to be taken, if any.

A review of your trust will include a review of the trustees. Your trust arrangement will name either an individual as the ‘sole trustee’ or more than one individual as ‘trustees’. The trustees are appointed by the settlor (you) and they own and manage the trust assets. Should any trustees intimate their intention to no longer act in the trust, the appropriate resignations will need to be prepared and signed. In certain circumstances, it may be appropriate for a trustee or trustees to be assumed in the resigning trustees place, and we can provide advice on this.

It may also be appropriate to review the position of the trust assets. Should your heritable property (i.e. your house) form part of the trust assets, we can assist by examining the property titles to ensure that it has been properly transferred into the trust.

Our Private Client Solicitors can also assist with other aspects of estate planning and getting your legal affairs in order, including Wills and Powers of Attorney . Please contact us on 01292 281711 to discuss how we can assist you.

Where do I find value in my property?

Wed, 22 Sep 2021 15:03:46 GMT

Thinking of moving home or simply buying an additional property? It’s fair to say that the market is a “seller’s market” these days. Properties in Ayrshire are routinely going for well over asking prices and well over Home Report values. There is a relative shortage of stock (properties) available and fierce competition for those which are so how do you determine what price to offer and whether there is ‘good value’ in that offer price?

Most properties these days are going to a closing date. This is when the estate agents, under their client’s instructions, fix a date and time for written offers to be received for a sale property . Any offerors are required to submit written offers via their solicitor.

This is where we come in.

Closing dates by their very nature create increase competition, at least in terms of price. There is no negotiation involved and predominantly the highest bidder wins. The conditions contained in any written offer are of course relevant, a cash offer is always preferrable to an offer subject to mortgage or sale of another property but ultimately, price will be the determining factor. With no way of truly second-guessing what others may be offering the temptation is to go as high as you can. Indeed, we have had instances of properties selling at more than £100,000 above the asking price such is the competition in the market.

Bidding for property at such levels above asking price and Home Report value has immediate implications. Affordability is one thing, if you require a mortgage, lenders will only provide loan funds in relation to the Home Report value of the property, not the final price. Any difference between price and Home Report is your responsibility, not the lenders. Also, if bidding at above Home Report value will the property’s value appreciate in future, and will you get this money (investment?) back?

This brings us back to the question of value.

The example above of successful clients bidding £100,000 above asking price is not unique but it’s not every property that sells so well. However, almost all properties are selling above Home Report value. The Home Report is prepared by an independent survey who considers the current market conditions and the sale prices of other local properties. Bidding well above Home Report value is unlikely to see that sale price realised a few years down the line.

So, if large bids due to increased competition are required to secure a property at present but the value of that price may not be returned where can value for that price be found? Well, value isn’t only found in the price you pay and subsequently receive. Not all property purchases are in effect monetary investments.

Many people are looking for family homes or that one property where they will be content and happy to live in for years to come. This is where value can come in a large investment. The return, or value, comes from the lived experience in the property. Raising your family or truly settling down can give satisfaction of that large financial outlay in ways that a financial return cannot and should be considered along with or against the initial financial outlay.

If you are thinking of offering on a property talk to one of our conveyancing solicitors based in our Ayr office who will be happy to go through all aspects of your proposed offer and potential transaction with you.

Have you thought about your online assets?

Mon, 13 Sep 2021 09:57:06 GMT

It is important to have a Will in place to not only ensure that your assets pass to the appropriate people that you wish to inherit from your estate, but also because it provides your family with guidance during what is a stressful and upsetting time. However, the concern that is becoming more prevalent in modern times is what happens to your online assets when you pass away?

People often do not account for their online assets when preparing their Will which is important in modern day society as more and more institutions are choosing to hold your assets (like investments, policies, plans etc) online. It is important that details relative to your online assets are made available to allow the executor (who is given the responsibility to attend to the proper administration of your estate) to allow them to attend to such assets when you are no longer here. It is also important because if such information is not made readily available, assets, where money is due to be credited to the estate, may not be able to be located and therefore the money is then lost.

It is important to provide to the executor your security details for any online assets that you may have to allow them to deal with them effectively and efficiently. It may be useful to contact each institution that you hold online assets with to allow your executor authority to access your accountant upon your passing. The alternative may be that you leave with your Will an accompanying letter that notes the relevant details they will require which would be kept in our safe with your Will for safe keeping.

The role of an executor is one that comes with a lot of responsibility and although the law provides some protection where possible, it is not fool proof. We would always recommend appointing someone that you know and trust.

You may wish to consider appointing someone within your Will who has the responsibility of dealing with only your online assets. By appointing one executor to deal with only your physical assets and another executor to deal with your online assets, this will allow the responsibility to be spread across both executors as one may be more suited to attend to your online estate as they may be more confident and familiar with using technology.

This may not have been an issue you had considered until reading this post however it is something that is becoming increasingly more common. We recommend having a discussion with one of our experts within this field who will be able to advise further. Please contact us on 01292 281711 to arrange an appointment and we shall be pleased to assist.

Boris Johnson’s National Insurance Increase - What Does it Mean?

Thu, 09 Sep 2021 10:45:35 GMT

PM Boris Johnson announced yesterday his plans of a UK-wide National Insurance tax increase of 1.25% from April 2022 to pay for health and social care.

His plan also caps what an individual living in England will pay towards social care at £86,000. The £86,000 cap only counts for the physical care the individual receives - daily living, food, bills etc will not be included. Nicola Sturgeon has yet to announce any plans to cap payment for social care in Scotland but is likely to address this soon.

Paying for care home fees is a pressing issue for many individuals and we understand you may be concerned about this. If you are worried about paying for care and would like advice on the matter, please get in touch .

Farmer's Will overturned regardless of expert report declaring capacity

Mon, 30 Aug 2021 11:15:08 GMT

Evan Hughes died March 2017 aged 84. In July 2016, Evan executed his 3rd Will , during this time he was grieving for his late son Elfed and was suffering from moderately severe dementia. In this Will, he was leaving 56 acres of land to his surviving son Gareth.

After Evan’s passing, his daughter Carys, Elfed’s widow Gwen and their son Stephen, challenged the validity of this part of the Will. They claimed that Evan had promised this land to the late Elfed, who had worked on the farm for many years. Two of Evan’s previous Wills had actually left this land to the late Elfed.

Gwen and Stephen challenged the validity of the 2016 Will, arguing that at the time of writing, Evan did not have the capacity to make it and that they had a claim over the land due to the promise Evan had made to his son Elfed.

When his 3rd Will was being executed in 2016, his solicitor at the time asked Evan’s GP to assess his capacity. Dr Pritchard confirmed that he did have capacity. A further expert opinion was sought from Dr Series who, based on the records from Evan’s GP and solicitor, also agreed that he had capacity.

At trial, Evan’s GP stated that he was misled into believing that the new Will only made minor amendments and that Evan himself believed that too. This was supported by numerous other individuals. This convinced the judge that the 2016 Will had to be set aside on the grounds of capacity, however he ruled out the possibility of undue influence.

The judge upheld Gwen and Stephen’s claim on the land due to the fact that the 2016 Will created a considerable loss to Elfed and he had been dependant on his father’s promise to leave him the farmland. The judge further explained that even if the 2016 Will was deemed valid, the land would still have been subjected to an equity in his favour.

This case shows the importance of farmers having a well thought out succession plan in place. If you would like any advice on succession planning or would like to discuss your personal situation, please get in touch .

Pre-Nups (and other family law agreements)

Wed, 25 Aug 2021 11:09:11 GMT

When the press pour over celebrity break-ups, the “news” often focusses on whether the couple had a “pre-nup”. If not, there will usually be a gleeful report about how much the divorce is going to cost one of them, or how much the other is going to get in the break up.

Bill and Melinda Gates is the most high profile recent example, with a lot being made of their lack of a Pre-Nuptial agreement and how much this could cost Bill Gates despite a great deal of his success being derived from purely his own individual enterprise, effort and entrepreneurship.

It raises the question: are pre-nuptial agreements valid in Scotland?

The short answer is: yes, pre-nuptial agreements are legal in Scotland.

In fact there are many types of family law agreement in Scotland - pre-nuptial agreements, post-nuptial agreement (for couples who are already married), cohabitation agreements (for couples who are living together but not married) and even separation agreements. Really all of these are simply contracts agreed between two people and the names are just helpful descriptions.

The most common family law contracts in Scotland are:

Pre-Nuptial Agreements

These are entered into by couples before they get married. They can be used to say that certain property - houses, businesses, savings, pensions (anything really) - will not form part of the matrimonial property. This means that if the couple split up, the specified assets will not be considered when dividing up the matrimonial property.

They can go a step further and protect future assets too. For example, if one person owns a house which is rented, the agreement could say that no income obtained from that house (and nothing bought with that income) will become part of the matrimonial property.

This can be particularly helpful with business assets - as in Bill Gates’ case - or with savings or investments which may mature or evolve over time.

In some cases the pre-nuptial agreement can go so far as to set out exactly how everything will be divided on divorce.

Post-Nuptial Agreements

These are basically the same as pre-nuptial agreements but completed after marriage. They can protect certain assets or income or they can determine what will happen to assets in the event of divorce.

These are particularly helpful where one party will be making a big investment or acquiring a new asset - especially a property or a business - and want their individual contribution recognised in any break up.

They can also record where, for example, one party has put more of a deposit down for an assets (most commonly a house). In that scenario the agreement will usually set out what will happen if the asset is ever sold.

Cohabitation Agreements

While cohabiting couples (couples who are living together but are not married) do not have the same rights as married couple, there are circumstances where one can make a claim against the other, or where one party contributes more financially than the other. The most common example is where an unmarried couple are buying a house and one is putting in more to the deposit (or even paying all of it).

A cohabitation agreement can set out what arrangement has been agreed so that both parties are protected and are clear what will happed in the event of the asset being sold or if they break up.

Separation Agreements

These are slightly different in that they deal with how assets are to be divided after a couple split. However, they are simply another form of contract between a couple (or in this case a former couple) that is recognised in Scots Law.

We can advise on all of these agreements and a well drafted and well thought through agreement can save literally thousands or even tens of thousands of pounds as well as a lot of stress and time at the end of a relationship - when there will be all kinds of emotions and heartache to deal with too.

Nicola Clark obtains SOLAS qualification

Mon, 16 Aug 2021 09:57:53 GMT

I started with The McKinstry Company as Financial Controller in January 2020. Prior to working with The McKinstry Company, I worked in financial roles with The Station Hotel in Ayr, The Royal Bank of Scotland and latterly The University of the West of Scotland.

I have always enjoyed working with numbers, finance, and budgets and when I saw the opportunity to join The McKinstry Company as Financial Controller I jumped at the opportunity. Curiously, I also have a keen interest in all legal Documentaries on Television, although I remember during my first interview, Chairman, Graeme McKinstry stating, “the Law is not like it is on TV!”.

During my second interview with Partners, Robert Honeyman and Thiona McQuiston, they advised that as part of accepting the position to join the Firm l would be tasked with getting up to speed with the Cash Room processes and undertaking further professional training. This meant becoming SOLAS qualified, which is an essential qualification for all Scottish law firm Cash Room Managers to fully skill myself to discharge the role of Financial Controller.

As I had recently achieved my degree in BA Business Management with Distinction through The University of Glasgow, I was familiar with the rigors of studying along with working full time, so I welcomed the challenge and opportunity to study towards another qualification.

I started the role learning all the Cash Room processes and in tandem was actively investigating the availability and timetabling for starting my SOLAS course.

My studying was somewhat derailed by Covid, but as soon as the Universities got back on track, they offered to run the course by Zoom lectures every Tuesday/Wednesday. I had the full support of the Partners to start the course in October 2020.

Care home admissions - who has the power to decide?

Mon, 09 Aug 2021 11:08:00 GMT

The move into a care home may be the best option for an individual who is struggling to manage at home.

Where an individual can make the decision to either move into care, or refuse to do so, it is their decision to make. In instances that the individual does not have the legal capacity to decide for themselves, the following can make the decision for them:

Welfare Attorney - if an individual has in place a Welfare Power of Attorney and no longer has legal capacity, their Attorney can make this decision for them. The Attorney must take into account the individual’s past, present and future wishes and ultimately do what is in their best interest. Should you have a welfare Power of Attorney in place, it is wise to have conversations with your attorney about your thoughts and feeling about future care, i.e. would you rather have care at home or do you have a preferred care home in mind. These conversations make any potential decision by your attorney easier in the future.

Welfare Guardian - A Guardian is appointed by the Court to act and make decisions on behalf of an adult with incapacity. A Guardianship Order can only be applied for when the adult cannot make their own decisions regarding their welfare and a Power of attorney cannot be put in place. Please note that a Guardianship order is far more onerous and costly to put in place than a Power of Attorney.

Local Authority - Local Authorities are permitted under Section 13ZA of the Social Work (Scotland) Act 1968 to take steps to move an adult into care, should this be in the adult’s best interests and where they are incapable to make the decision themselves. There are certain conditions placed on the Local Authorities’ decision-making power, including that the action must not result in significant restrictions on the individual’s liberty and there cannot be objections from the adult or any person with an interest in the adult.

It is important to have your legal affairs up to date and having a Power of Attorney in place can make decisions regarding your future care far easier to make. Should you be interested in putting in place a Power of Attorney, please call our office on 01292 281711 to speak with a member of our Private Client team.

Ex-Wife Inherits from mother-in-law’s 840k estate after court battle with ex-husband’s widow

Wed, 04 Aug 2021 11:03:51 GMT

A recent court action has come to question the meaning of the word “wife” in a Will.

Maya Gocheva-Ash married Don Ash in 2015, two years after he divorced his first wife, Cindy Ash. Don unexpectedly passed in 2017, leaving his two wives in a court battle over his half of the £840,000 estate of his mother Joyce, who died 18 months after Don. The other half of the estate going to Don’s brother Gordon.

Joyce’s will was written in 2009 and stated that should her son predecease her, his half of his inheritance should go to “his wife Cindy Ash”. At the time of Joyce’s death, Cindy was no longer Don’s wife. This lead to the court battle in question.

Maya argued that the money should go to her as she was Don’s wife at the time of his death. Her solicitor claimed that Joyce’s will was “ambiguous and/or equivocal as to the meaning of the phrase “his wife””, and that his wife means that Maya was the intended beneficiary, irrespective of the fact Cindy’s name was noted in the will. He further claimed that her name being in the will was no more than a “statement of fact” that showed Cindy was Don’s wife at the time the will was drafted.

Cindy’s argument outlined that her name was in the will, therefore it was intended that the gift went to her. Even after Don & Cindy’s divorce, Cindy still maintained a mother-daughter relationship with Joyce and was considered as part of the family and that Joyce wanted the money to stay in the family.

According to Don’s brother Gordon, Joyce never approved of Maya and Don’s relationship and that his mother would rather the money be spent caring for her animals than going to Maya. Maya was also not invited to Joyce’s funeral.

The judge ruled that at the time of writing the will, Joyce did not know Maya, therefore the words meant that should Don die before her, his share was to go to Cindy.

Ultimately, Maya was ordered to pay a court bill of £50,000 to cover Cindy and Gordon’s costs of defending the action.

This case highlights the importance of having a will in place. This allows your family to be aware of your wishes. Regular reviews of your will are extremely important and could save costly court fees and family disputes as we’ve seen above.

Libby McDowall - Accredited Paralegal, Residential Conveyancing

Tue, 27 Jul 2021 08:47:41 GMT

Like any good journey in life, planning and preparation is vital to produce the right experience, and it all started for me, at The McKinstry Company.

I joined the firm in August 2018, taking up a position as a Conveyancing Secretary. Previous to that I had 25 years legal experience, working in a similar role for two established law practices. I saw an opportunity to join The McKinstry Company and had long admired their high profile and well regarded services. My personal aim was to progress my legal career and as a girl in her 50s! I needed to work for an organisation that would value my years of personal and extensive experience. In the words of a past American President...Do what you can, with what you have, where you are...and these words of wisdom were to carry me through my training and studying for my Paralegal Qualification.

I was working for TMC for about six months when I was approached by the partners and asked if I would like to start the process of becoming a Conveyancing Paralegal, for the firm. You can imagine my shock at the opportunity to become a mature student, and my first task was to write a letter to the partners, explaining why I would like to do the Paralegal Qualification and what positive outcomes, I could bring to The McKinstry Company.

So the journey began, and from the outset I was counselled and supported throughout the entry and administrative process of getting my course started, even down to applying for my study book pack, which upon arrival looked daunting. Fortunately, I had an excellent contact at Central Law Training from the University of Strathclyde and internal support from my immediate boss at The McKinstry Company.

I never felt any pressure of time and was told by the company that the process would take up to two years, but with my previous legal experience, I should be familiar with some of the subjects as I had done Conveyancing work in the past as well as criminal, civil, matrimonial and divorce work. During the weeks and months to follow I worked my way through the various modules and assignments, which were marked and returned to me from my tutor at the University of Strathclyde. The anticipation of getting a good mark on my current assignment helped me to stay on track and motivated. I can confess to sitting on the beachfront at BENIDORM on holiday one day and texting my tutor to see if my current assignment had been marked, such was my enthusiasm! Gradually, I progressed through the allotted modules and assignments and felt happy with my general performance on achieving some good pass marks.

Finally, it was time to approach The University of Strathclyde to enquire about the Exam diet dates. In true form they came back to me with two options on sitting the exam and perhaps finally gaining my Conveyancing Paralegal Qualification. I was offered a Diet date at University or the option to sit the exam at The McKinstry Company under exam conditions with an invigilator from the firm. I opted for the latter and after discussions with my team leader, Kirsty Leitch, Solicitor, we set about agreeing a date and the process of getting the exam papers and an office in which I could take the exam, under supervision in a familiar environment, which was an immense help to me, right down to the 3 large signs on the door saying, DO NOT DISTURB, EXAM IN PROGRESS!

....Several weeks later my result came in as a PASS with a score of 92%...I could not have been happier and was truly humbled by the depth of affection and genuine support from everyone at The McKinstry Company.

Expectations vs Reality

Fri, 02 Jul 2021 13:30:51 GMT

Before I started my traineeship, I was unsure what to expect. I had heard various stories that a trainee’s main purpose, regardless of which law firm they were at, was photocopying. Or they would get the dregs of the work that the more senior solicitors didn’t want to do. I was both excited and anxious to start, but eager to find out what my new position would entail.

To my delight, day one came around and I was not chief of photocopying. After the introductory process and tour of the office, I was soon involved in client meetings, drafting Wills and Power of Attorneys, and generally being hands-on with the work from the get-go.

By the end of week one, I was getting to grips with the firm’s case management systems and could notice an improvement in my drafting skills. Overall, I felt like I had achieved various tasks by the end of each day. I had also joined the firm’s charity group and attended my first meeting with them. It sounds silly, but I didn’t think a trainee, especially one in her first week, would be asked if she would like to join this group so early on. This is something I am passionate about and looking forward to sharing my ideas.

During week two, a dinner was arranged to allow me to meet some of my colleagues from the Ayr office. Going out for dinner with my fellow colleagues was certainly not expected before I began, especially this soon into starting. However, I am so glad it was arranged as it enabled me to get to know them in an out of office setting.

Myself and my fellow Girvan co-workers go daily lunch walks to keep active and have arranged a dinner for the coming month. I would describe myself as a very social person, and this is one of my favourite aspects of my traineeship so far.

I can’t quite believe the skills that I have learned and developed in the space of 4 weeks and the support I am receiving from my supervising partner, Debbie, and other staff members. Having a supportive environment to develop my knowledge and skills in the Private Client department will help me become a successful trainee.

Part of me was concerned that the pandemic would make me feel disconnected from the other members of the firm and make it hard to build relationships with other colleagues. Thankfully, this couldn’t have been further from reality. The welcome I have had from The McKinstry Company has been unlike any other.

Month one has gone by with lightning speed. I am already feeling more settled in my position and confident to progress. I am really looking forward to the coming months, what challenges they may bring, the skills I will learn, and the relationships I will develop.

On a final note; reality > expectations.

What is a Living Will?

Thu, 21 Jan 2021 15:20:30 GMT

Most people understand what a Will is and an increasing number of people now understand what a Power of Attorney is, particularly in the current climate of continuous lockdowns. Many however do not know that it is possible to also put in place a Living Will or Advance Medical Directive.

A living will is different to a Will or testamentary writing. A Will sets out what you want to happen to your estate after you die, whereas a living will is there to detail medical treatment options when you are alive but unconscious or in a terminal state and are unable to communicate your medical wishes. It is a simple document that records what your wishes are about end of life medical treatment. It can detail the medical procedures you want or don’t want regarding the prolonging of your life if you cannot communicate with the doctors. For example, you may feel strongly that you wouldn’t want to be artificially fed through a tube or be kept on life support. If you haven’t made a living will, then your doctor will make the decision as to what treatment you should receive.

Is it really necessary to make a living will?

Having a living will and keeping your loved ones informed of its existence can act as a source of comfort during a difficult time. It can help avoid disagreements about what your loved ones believe you would have wanted and avoid them interpreting your wishes in a way other than what you wanted. You can make a living will from the age of 16.

Is a living will legally binding?

It is your legal right to refuse any medical treatment if you have capacity. In Scotland if you lack capacity the healthcare professional must take into account the past and present wishes of the person. If you have a Living Will in place, this counts as evidence of your wishes and therefore should be taken into account when a healthcare decision is being made on your behalf.

A living will is legally binding in England and Wales. This means that living wills which meet the legal requirements must be adhered to. In Scotland however, a healthcare professional must only consider your wishes, but they are not legally bound to do so. If the issue was to go to court, it is likely that the Scottish courts would treat the living will as they would in England and Wales and expect your wishes to be followed.

What about assisted dying?

Whilst a Living Will can be used to refuse in advance specific treatments or procedures if you are suffering from an incurable illness, it cannot request particular treatment such as assisted suicide or euthanasia.

A recent report has stated that on average, one British person a week is travelling to Dignitas, the assisted dying organisation in Switzerland. It is expected that assisted dying could become legal in the UK in the next few years.

In the meantime, if you have strong views about end of life treatment, you should consider putting in place a Living Will. If this is something you would like more information on or to discuss please call us…

Once signed, it is important that you notify your GP, those who are close to you and anyone else in your care about your living Will and we will provide you with as many copies as necessary. It is possible to change your mind, amend or cancel your advance directive, assuming you still have capacity at any time.

Lockdown & Landowners: Rights of Access

Thu, 21 Jan 2021 15:16:19 GMT

The Right to Roam

In Scotland, the public are entitled to the “right to roam” which is a statutory right introduced by the Land Reform (Scotland) Act 2003 (“the 2003 Act”). This right allows members of the public to enjoy the right of access over most of the land in Scotland for activities such as cycling, walking, horse riding and camping. The Scottish Outdoor Access Code (“the Code”) provides the practical details about people’s right to cross land and for what purposes they are allowed to do so.

As a landowner, there is an obligation under the 2003 Act to manage their land responsibly in respect of these access rights and they cannot carry out any type of action which could prevent or deter people from exercising this right. If restriction on access is made by a landowner, they must show that the reason for the restriction is a genuine land management decision and the purpose is not to simply deter access to the public.

COVID-19

As a result of the COVID-19 outbreak and the Coronavirus (Scotland) Act 2020 (“CSA”) as well as the lockdown restrictions, these public access rights have become a concern for many landowners as well as members of the public as to what forms of exercise are permitted and where. As lockdown restrictions tighten, many members of the public still wish to walk in the countryside or visit beaches as a form of escapism from their homes and naturally this can cause concern for some landowners. There have been questions as to what is, and what is not, allowed in relation to accessing the countryside during lockdown.

Under the new coronavirus legislation, access rights remain the same and the public must continue to exercise their access rights responsibly. Similarly, the legislation does not change landowners’ rights or their ability to restrict access to the public. Their rights and responsibilities remain the same as per the 2003 Act and as highlighted in the Code. Landowners are not allowed to obstruct or discourage the public from exercising their rights of responsible access and further fences or any type of obstruction can be removed by the local authority. The cost of such removal however can be recoverable by the landowner.

Further, the Code discourages landowners from erecting signs which deter access other than for temporary periods. For example, if a landowner is carrying out ongoing land management operations such as calving, lambing or timber harvesting then the landowner can make a request asking walkers to use an alternative route. However, these requests should only be applied for the minimum time necessary and then lifted. In contrast, if the restriction on access is genuinely a land management decision then this is allowed. In the case of Tuley v Highland Court, a landowner was concerned that horse riding on his path was damaging the terrain and so he closed the path to horse riders and notified them of an alternative path to use. In this case, the horse riders were unsuccessful in claiming their right to roam as it was held that the landowner had acted responsibly by taking action to minimise potential damage to his land.

Options for Landowners

Access taken by hikers, cyclists, horse riders etc. must be taken “responsibly” however the 2003 Act does not provide for any appropriate remedy if the access was deemed to have been taken irresponsibly. Therefore, the only feasible options are to try and resolve the issue with a local access officer or refer the matter to the Sheriff Court. If a landowner believes access has been taken irresponsibly then they would need to ask the Sheriff to confirm this. A landowner can make a summary application to the Sheriff Court requesting confirmation that access rights are not exercisable over certain land but there would need to be appropriate justification.

The National Access Forum has been working with stakeholders to develop a guidance note on the use of professional meditation as a tool for helping to resolve difficult access cases which may be a useful way to assist in problematic circumstances that arise.

If landowners and land managers experience problems with people accessing land that is not covered by the 2003 Act or if such access has been exercised irresponsibly, then the solution, as at other times, is the use of temporary signage and working alongside local access officers.

At the time of writing, the majority of Scotland is currently in one of the most restrictive lockdowns since March 2019 and even our right to roam is currently restricted to our own Council areas. It is understandable that during lockdown, people wish to be outdoors to enjoy fresh air which is good for their physical health as well as mental health, but it is important that the public exercise this right responsibly and respectfully.

Can I move house during lockdown?

Thu, 21 Jan 2021 14:57:26 GMT

We have all been told to stay at home except for “essential purposes”, but which home are we to stay in?

The first lockdown in 2020 placed all house moves on hold, even in cases where missives were concluded and entry dates agreed, and for a lengthy period at that. We had the same stay at home and work from home if you can order as we have now. So, allowing house moves to go ahead during this lockdown would seem counter-intuitive to the purposes of it, right?

Obviously, there is a fine balance to be struck between keeping everyone safe and restricting the spread of the virus and limiting the impact on the economy. There is no getting away from the fact that damage will be done to the economy and that will have knock-on effect in the housing market but perhaps not immediately.

The guidance as issued by the Scottish Government in relation to the lockdown as a whole states that, in a level 4 area you can only leave your home (or garden) for “essential purposes”.

Essential purposes are further described as “reasonable excuses” and the guidance provides a list of reasonable excuses.

House moves can still go ahead. In fact, there have been no provisions made, at least not at this stage, which will impact on the housing market, at least not from a theoretical point of view anyway.

The guidance further states “whilst it is permitted to leave your house for activities in connection with moving home (including viewing a property), or for activities in connection with the essential maintenance, purchase, sale, letting, or rental of residential property that the person owns or is otherwise responsible for, at this time it is advisable to postpone, if possible. Travelling for the purposes of undertaking essential work on a property other than your main residence should not be used as a pretext for a holiday. You should not stay longer than for the length of time required to undertake the necessary work”.

Removal firms can still operate, trades people can still enter other people’s homes, and anyone can view a property which is advertised for sale, in person. That is right, you can still enter other people’s homes to view with a purpose of potentially offering and/ or buying. These provisions are of course subject to social distancing and hygiene restrictions.

Where there is some ambiguity in the guidance is whether you can view a property out with your local authority area. The whole of mainland Scotland is under Tier 4 restrictions and now lockdown. We have been told not to travel out with our local authority area and not to travel more than five miles for exercise. However, there will be house moves taking place across local authority areas and across the country as a whole. Indeed, this will further extend to crossing borders over the whole of the UK.

Estate agents are still open (although their office doors may be closed). Viewings can go ahead. Pretty much all estate agents advertise online and show the necessary photographs of the properties to market same. Increasingly, more and more estate agents are offering online tours of properties. All of this helps in the current lockdown to help comply with the stay-at-home instruction and to prevent mixing, ensure social distancing and of course hygiene. The dilemma for purchasers and sellers is whether online is good enough to be able to appreciate what it is like being in a property?

Although we as solicitors are open, we are doing as much as we can online, by email and by phone and of course by post where necessary. If you are considering putting your house on the market or indeed considering viewing and buying a property, with the current restrictions in place it is best to be as prepared as possible. Below is a list of things to consider before committing to either purchasing or selling.

Your title documents. These will be either a Land Certificate or older handwritten deeds.
A note of your mortgage provider and mortgage account number. Your solicitor will ensure the redemption of your mortgage as part of the transaction or if you are buying, your solicitor will need to receive a copy of your loan papers in order to be able to order the loan funds.
An obvious one but essential. The transaction will not proceed without ID no matter how well you know your solicitor.
Bank statement and other proof of funding.
Copy planning application(s), Building Warrant and Completion Certificate for any alterations carried out at the property which required these permissions and consents.
NHBC paperwork if the property is less than ten years old.
SEPA registration documentation if for instance there is a septic tank you use.
Are you aware of any defects or issues with the title to your property? If so, do you have a Title Indemnity Policy? Again, your solicitor will need to see this.
Did you buy the property through a shared equity or government Help to Buy scheme? Again, details of all the parties involved will need to be provided to your solicitor.

This list is not exhaustive as there are many unique circumstances which can come with property ownership. As with anything relating to your property transaction for the best advice and a detailed discussion and assurance as to how to proceed, contact us here at The McKinstry Company and we can take you through the whole process.

Law Society of Scotland calls on the Scottish Government to provide data on lawfulness of hospital discharges.

Mon, 30 Nov 2020 14:52:41 GMT

During the height of the Coronavirus pandemic we heard stories of hospital patients being discharged to care homes, some of whom had not even been tested for Coronavirus.

The Scottish Government recently produced a Public Health Scotland report which confirmed that 4,800 patients were transferred from hospital to care homes between March and May of this year. The report showed that out of 4,807 patients discharged over the 3 months, 272 had dementia, 145 had delirium and 112 lacked sufficient capacity to consent to testing for Covid-19. What has not been provided in the report is data on the legal basis of the transfer. In the 58-page report, there is no analysis of the legal basis for transferring the patients. Under Article 5 of the European Convention on Human Rights a person’s fundamental right to liberty and security is guaranteed. Once someone has been admitted to the hospital, they must either consent to being discharged or a procedure prescribed by law must be followed. If this is not done, the patients have been unlawfully deprived of their liberty. It is for this reason that the Law Society of Scotland has raised various questions with the Scottish Government. Without knowing how many patients were assessed as being competent to consent to the transfer it would seem that many people who were discharged and transferred to care homes lacked the relevant capacity to consent to the transfer. The Scottish Government has been urged to release this data immediately in order that it may be determined whether any patients were moved in breach of their fundamental human rights.

In England, action against the Government is already underway with a High Court ruling in favour of Dr Cathy Gardner and Fay Harris whose loved ones died in care homes with covid 19. Dr Gardner’s lawyers claimed that prior to her father’s death the care home was pressured into accepting a hospital patient who had tested positive.

A judicial review will now be carried out and will look into the Government’s handling of the crisis. The daughters will argue that the Government failed to protect care home residents and breached their human rights. This will have huge ramifications for the families of at least 30,000 people who died in care homes with Covid this year. If the Scottish Government cannot provide the evidence which has been requested by the Law Society, it may only be a matter of time before an action is raised against the Scottish Government.

Redundancy During Covid - The Rules Still Apply!

Fri, 27 Nov 2020 14:46:54 GMT

Although the furlough scheme has been extended, we have seen a very noticeable increase in clients consulting us regarding redundancy - employers looking for advice on making redundancies and employees consulting as after their employer has warned them they are at risk of redundancy.

In the media every day there are repeated warnings of “thousands of redundancies” coming our way in the economic doom and gloom.

Against this background, there is a feeling that the employment law or redundancy rules have been relaxed, or that we are in exceptional times and the normal rules don’t apply. Many thousands of employees have been away from work on furlough, or have been working from home, and it perhaps feels slightly easier to ‘let an employee go’ in those circumstances.

This is not the case. Redundancy procedures must be followed by employers, even during the Covid-19 pandemic. Expensive Employment Tribunal claims could be heading your way if not.

Employees have the usual protections under employment law.

Below we have set out some of the basics. The McKinstry Company can guide employers, or support employees, in navigating these procedures - please do contact us . Whether it is for a quick bit of guidance or you have a complex issue to address, we would be happy to help.

Qualifying Service - 2 years

Employees must have worked for the employer for two full years to qualify for protection from unfair dismissal. If an employee does not have that length of service, their job can be terminated without following redundancy procedures – as long as they are given their appropriate notice period and paid everything they are owed under their contract of employment.

Claims based on discrimination can still be raised even if an employee does not have two years’ service, but claims for unfair dismissal cannot.

“Without Prejudice” (off the record) Discussions and Settlement Agreements

Employers are allowed to have “without prejudice” or “off the record” discussions with employees. In these discussions, employers can advise the employee that redundancies are being contemplated and propose a redundancy package. If a redundancy package can be agreed then an employer would ask their employee to sign a Settlement Agreement meaning that the employer would be protected from any future claims and the employee would have a contract setting out their right to their various payments on termination.

To make a Settlement Agreement valid, the employee has to be given independent legal advice. Usually the employer would pay for that advice, so there should be no cost to the employee.

Usually, the redundancy package offered would be more generous than the basic payments the employee is entitled to. An employee will be entitled to be paid in full up to their end date for contractual entitlements, such as pay for any unused holidays, pay in lieu of working their notice period and pay for any bonuses or commissions they are due. They are also entitled to statutory redundancy pay.

Employees are entitled to the above sums. They are not being paid by the generosity of the employer. If that is the only package being offered, there is no reason to sign a Settlement Agreement. The employee is entitled to these payments even if they do not sign. Signing would mean giving up certain rights, and the employer would be getting protection from employment tribunal claims for free.

Instead, if employees are being asked to sign a Settlement Agreement they should ask for some compensation for doing so. This compensation would be paid tax free up to £30,000.

It is important that without prejudice discussions are organised and conducted properly because if so then they can be a very effective and efficient way to gain a “clean break” of the employment relationship. If an agreement is not reached, everything goes back to normal, the employee continues working as if nothing happened and the discussion cannot be referred to in future proceedings. If the discussion is not handled correctly then that may open the door to an employee claiming they have been unfairly treated or that incorrect procedures have been followed.

Compulsory Redundancy

If it is necessary to make compulsory redundancies then it remains essential that the correct procedure is followed.

In broad terms, this means staff should be notified that their roles are at risk of redundancy as soon as this becomes a realistic possibility. There should then be a consultation period during which meetings should be held with the employees. Following the consultation period, the employer must decide which roles are to be made redundant and which employees are to be dismissed.

The procedure to be adopted will vary slightly in each case depending on how many roles are to be made redundant, how many employees are at risk of redundancy and other factors. It is crucial in every case that the procedure is objective and fair.

We strongly recommend that any employer considering making redundancies consult us for guidance with the process. Employers are allowed to restructure their business and allowed to make redundancies if necessary. If the process is handled correctly then employers have nothing to fear.

Difficulty arises where the employer fails to follow an appropriate procedure - they expose themselves to potentially costly tribunal litigation. This can be avoided and the risk minimised by taking advice early.

Conclusion: Redundancy procedure still matters!

The point of this article is not to go into detail about the ins and outs of redundancy procedure. The point is to make it absolutely clear that it is essential that correct redundancy procedure is followed if redundancies are contemplated, even though everything feels up in the air and abnormal because of Covid-19.

If you are an employer thinking of going down the redundancy route then we would urge you to contact us at the earliest opportunity to make sure that the procedure is correct from the start.

If you are an employee who has been offered a Settlement Agreement or has been told their job is at risk of redundancy then please get in touch to make sure that you are making use of all the protections employment law gives you.

Care Home Planning: What can I do to protect my assets?

Wed, 25 Nov 2020 14:41:06 GMT

Over the years, the number of people ending up in residential care homes in Scotland has increased and it is now more prudent than ever to plan in advance how one shall cover the cost of care, should they ever find themselves in this position.

Although no-one likes thinking about the possibility of living in residential care, here at The McKinstry Company we advise our clients to have in place the appropriate planning to not only provide themselves with peace of mind that the appropriate steps have been taken provide some protection of their assets, but also to ensure family members, and loved ones, have one less thing to worry about in the future should this situation ever arise.

As life changes and residential care then becomes necessary, the local authority for the area in which the care home is situated will carry out what is called a ‘financial assessment’ on the adult who requires care. This assessment will take into account the value of all of your assets to determine which care home you would be able to afford and whether you would be classed as ‘self-funding’. If you are classed as self-funding you would be required to meet the care home costs yourself, which can range from anywhere between £1,000 to £2,000 per week, depending on the type of care required.

Normally, the most valuable asset someone holds is their property , i.e. family home. It was common for those considering care home planning to transfer their share of their property to a family member to reduce the combined value of their assets and to protect the family home from being sold in the future to meet care home costs. However, it is important to note that care home planning is not as easy as this. This will be viewed by the local authority as a ‘deprivation of assets’ and when carrying out their financial assessment, the value of the asset you had transferred, will be included within your list of combined assets.

An alternative step that could be taken to provide some protection to your family home is by assessing the way in which the title to your family home is currently held. It is common for the title for couples to be held ‘jointly and to the survivor of them’. This means that the property automatically passes to the joint survivor on the passing of the first joint holder.

Here at The McKinstry Company, an option that can be explored is amending the title to the property to show the Title as being held ‘equally between’ the parties. This means that the value of your property is divided equally between both joint holders, and on the death of one of the joint holders, the value of their share does not then form part of the surviving joint holder’s assets. This step allows some protection of your assets without questioning, and this advice applies to all assets held jointly or on last survivor basis, i.e. bank accounts, policies etc.

Another effective step toward protecting your assets is by having a Will . The possibility of putting in place a discretionary trust in your Will or a liferent trust of the residue of your estate, which includes the family home, may be beneficial as you still own the property in question which means it does not raise concern in relation to deprivation of assets, rather it is held in trust which means the assets in trust are classed as being out with your estate. If you already have a Will in place, it may be relevant to revisit your Will to ensure its terms accurately reflect your wishes and addresses your care home needs.

Ultimately there are no steps that can be taken that guarantee all of your assets will be safeguarded from care home costs however the steps discussed above are some of the effective ways of putting in place some protection over your assets.

Every circumstance is different and care home planning requires careful deliberation to achieve the best results in the situation at hand, and to ensure steps taken during lifetime do not have an adverse effect on your Inheritance Tax planning or give rise to Capital Gains Tax. At The McKinstry Company, we are able to provide you with further advice and assistance tailored to your assets and needs. Should you wish to proceed and put in place care home planning today, call our Ayr office on 01292 388048 or our Girvan office on 01465 915042 to speak with an experienced member of our team who shall be able to assist.

Scotland’s building and fire safety regulations: New legal requirements being introduced in February 2021

Mon, 23 Nov 2020 14:36:10 GMT

If you are a homeowner, it is important to be aware of the new legal requirements being introduced in February 2021.

Following the tragic Grenfell Tower fire, a working group was established to review Scotland’s building and fire safety regulations, and new legal requirements have been published by the Scottish Government in relation to fire and smoke alarms. This new legal requirement has been introduced to ensure everyone in Scotland has the same level of protection whether they own or rent their home.

The New Regulations

The regulations extend the standards that already apply to private sector landlords whereby from February 2021, all homes will require the following:

A smoke alarm installed in the room most frequently used for general daytime living purposes;
A smoke alarm in every circulation space on each storey (such as hallways and landings);
A heat alarm installed in every kitchen.

Each alarm must be mounted to the ceiling and interlinked and must be either mains wired or tamperproof long-life lithium battery alarms. If you already have smoke alarms in your house but they are not interlinked, then you will need to change them so that they are. The reason for this is because you may not be able to hear the alarm closest to the fire however if the system is interlinked then you will know immediately that there is a fire in the property.

Further, if there is a carbon-fuelled appliance (for example, boilers, fires, heaters) or a flue then a carbon monoxide detector is also required.

The Cost

The cost of installing these alarms will be the responsibility of the homeowner or landlord. The cost of the alarms will vary according to what you currently have in place and the alarms you choose to install. On average, it is estimated that the cost for an average three-bedroom house which requires three smoke alarms, one heat alarm and one carbon monoxide detector will be approximately £220. However, this is based on using an alarm that can be installed by yourself and does not include charges that may apply if you were to appoint an electrician to carry out the work of installing a hard-wired system.

The Deadline

Homeowners and Landlord have until February 2021 to comply with the regulations however installing alarms at the earliest opportunity, will provide improved fire safety in your home. Most homeowners want to make their homes as safe as possible and compliance will also form part of any Home Report if you come to sell your property. As this will be a minimum standard for safe houses, your Local Authority will also be able to use their statutory powers to require owners to carry out work on substandard housing.

Insurance

If you do not install the necessary alarms, then this could affect your home insurance, so it is important that you check your household insurance policy. Your individual insurance provider can decide whether they include the new requirements into their policies, so it does depend on your insurance provider. It is likely, going forward, that insurers may decide to include this as part of their criteria as they would expect the property to be fitted with working smoke alarms and that homeowners ensure their property meets any applicable standard. If you are unclear as to whether this will impact your insurance policy, then we advise you to contact your provider and check.

Tenants

Landlords that deal with local authority housing or housing associations (“Social Landlords”) are aware of the new standard and have been working to ensure that the new alarms are in place, where needed, by 1st February 2021. However, some of their plans may have been affected by the restrictions on going into homes to carry out the work during the coronavirus pandemic. On this basis, Social Landlords need to try and install the alarms prior to February 2021 but if this is not possible then there is a further deadline of May 2021 at the latest.

If you are a tenant of privately rented property, then your Landlord should already be complying with these obligations as it is an extension of the existing regulations.

Selling your Property

If you are planning to sell your property, then the surveyor will check to make sure that these regulations have been complied with and it will be raised in the Home Report.

Additional Information

If your property forms part of a tenement or block of flats, then there is no requirement for different properties to be linked to each other nor is there a requirement for alarms to be fitted in the communal areas such as entry halls and stairways.

What is “Taking Title” and How Does it Affect Me and my Property?

Fri, 20 Nov 2020 14:30:49 GMT

If you are considering purchasing a new house and doing so along with someone else, one question that your solicitor will ask during the course of the transaction is how you would like to ‘take title’?

Now, if you buy in your sole name, this question won’t come up as there is only one option, you, taking title over the whole property. However, when buying with someone else you will both have options.

The traditional route has been the inclusion of a ‘survivorship destination’. This will read along the lines of “A, and B, equally between them and to the survivor of them”. The effect of the survivorship destination is that as a couple or pair, you own the whole of the property together, without either of you having a specified share of the property. You do not have an automatic half share of the property or any other percentage or fraction split of ownership. It further has the effect that ownership of the whole dwelling automatically passes to the survivor on the first death.

As stated, the survivorship destination has been the traditional route for married couples or more recently civil partners and of course couples in a lifelong relationship, and this provision is still perfectly valid. It does though, limit your options.

Simply taking the title, ‘equally between’ you, whether that be two or more persons allows each of the individual purchasers’ scope to deal with their portion share of the property however they wish. This can be applied, irrespective of the type of relationship the purchasers have with each other so that married couples or civil partners can split ownership.

Taking title is an informed, conscious choice by the purchasers, albeit all purchasers must be in agreement.

The benefit of dividing ownership up into individual portions is that it allows everyone to buy, sell or leave their share in the property to whomever they wish. This may not seem necessarily important in the stereotypical family unit where everything will end up being passed between the parents and then inherited by the children. But we do not live in stereotypical times. Step or blended families are more prevalent as are families without any formal relationship by way of marriage or civil partnership, parents who cohabitate.

Families in which the children do not all share the same two parents can create questions relating to inheritance, particularly if the split is uneven. For example, one parent has one child from a previous relationship and the other has two children from a previous relationship and then, perhaps, they have a child together. Who gets what? The obvious answer may be just to split the property (and the estate) evenly between the children but that may not rest easy with either parent.

Using the survivorship destination, who inherits what, in terms of the children depends entirely on which parent dies second and what they have provided for in their Will , if they have made one at all. As it stands, the law in Scotland on inheritance does not automatically provide for stepchildren whereas all ‘birth’ children do have an automatic claim in their parent’s estate. Even when making a Will, stepchildren must be specified, it is not sufficient to bequeath anything to your ‘children’ using a general term. Can you imagine a situation whereby you, in having the misfortune to pass away first and your interest in your property takes up the bulk of your estate, and therefore what you can pass on, have actually disinherited your own children because there was survivorship destination in the title to your property? Although it may seem rather cynical, not all lifelong partners keep their word on what will happen when the first of them dies. It is common practice for both to make identical Wills, leaving everything to each other and then to all the children. But once the first parent passes away, the survivor can change their Will at any time and in the terms they want. They can leave everything to their own children and make no provision for the children their partner had from a previous relationship.

Of course, at the time of purchasing a property very few of us are trying to anticipate which of us is likely to die first. The making of a Will is an individual exercise even if it is discussed between parents, instructions are only given to a solicitor on an individual basis and can, of course, be changed at any time before the inevitable happens.

This is where the benefit of not using the survivorship comes in. Each person taking title can leave their portion share of the property to whoever they want in their Will, safe in the knowledge that it will not automatically pass to the other parent or person(s) taking title with them, should they be the first to die.

Are you aware of how title is taken in your current property? Do you have a survivorship provision? If you do but would like to consider your options, the title can be amended to remove the survivorship destination should you wish. Contact us here at The McKinstry Company where our solicitors can advise you on both the title of your property as well as a Will .

Commercial Leases - Repairing Obligations and Termination (September 2020)

Mon, 19 Oct 2020 13:25:04 GMT

We are often asked by clients to prepare a Lease or to review a Lease. This may be either for a new business or an existing business. It may be for a client who has had a Lease before or a client who has never had a Lease.

We, as lawyers understand why it is important to have a Lease in place and the pitfalls for both Landlords and tenants contained within a Lease. In Scotland, there is no legislation that covers the style of Lease between a Landlord and Tenant , what this means is that the Lease itself is a personal Contract between the two parties and all it must contain to constitute a Lease is a date of entry, a date of expiry and a rental figure.

Most Leases will be in writing, however, in Scots Law there is also a concept of a Common Law Lease which may be unwritten. The obvious pitfall of an unwritten Lease is that there is no certainty as to the terms and what has actually been agreed between the parties and therefore no written evidence to provide to a Court in the event of any disputes.

In a written lease one of the main areas which often causes a dispute between landlords and tenants is the repairing clause and flowing from that the Tenant’s obligations on expiry of the lease.

Generally, we recommend to clients that a survey is carried out to establish the actual condition of the premises to identify any wants of repair which the Tenant can ask the Landlord to carry out before signing up to the lease. A survey detailing the condition of the premises, with reference to photographs, can be used by both parties to establish the actual condition of the premises at the date of entry and amend the wording which sets the standard of condition in which the premises must be on expiry of the lease (a Schedule of Condition).

Repairing Clauses

When a Lease is entered into, the Lease itself will set out, in writing, that the Tenant is accepting the condition of the premises which is linked to a standard. This is usually in terms such as “good and substantial condition” or “good and tenantable condition”. This is generally irrespective of the actual condition of the premises. The effect of this wording is that, on expiry of the Lease, when a Tenant hands back the premises, that is the standard by which the condition of the premises will be judged. The implications for the Tenant may be serious if the premises are of a poor standard at the outset.

The repairing obligation will impose obligations on the Tenant such as an obligation to keep the premises in good and substantial condition. Alternatively, if the Tenant has prepared a Schedule of Condition showing the standard of the premises at the outset, and the Landlord has accepted that Schedule, then the standard of “good and tenantable condition” may become a less onerous obligation by reference to the Schedule of Condition showing the actual condition of the premises at the date of entry. In the latter case the premises must be returned to the landlord in no worse condition than shown in the Schedule of Condition.

You may be asking why is this important. There are two reasons why it is important. The first is, without having any point of reference as to the actual condition of the premises at the date of entry, the Tenant will fail in an argument with the Landlord if asked to carry out works which, in the Tenant’s view, may put the premises in a better condition than it was at the date of entry.

The repairing obligations in a Lease imposes obligations on the Tenant to keep the premises in “good and substantial condition” or in “good and tenantable condition” and this standard is often much higher than the actual state and condition of the premises at the outset. This is a pitfall that many Tenants fall into when entering into a Lease, which has the ultimate result of them being obliged to do more to the premises than they may have had to do had they spoken to a surveyor or a lawyer prior to entering into the Lease.

It is something that can be avoided in that timeously taken advice can provide a number of options as to how a repairing obligation can be limited. Examples include: excluding certain parts of the building from the Tenant’s repairing obligation; limiting the amount a Tenant will have to pay on expiry in respect of repairs; and limiting the actual repairing obligation itself. This involves some careful drafting within the Lease. Ultimately, the Landlord is looking for the Tenant to step into its shoes for the duration of the Lease and that would include doing everything to the premises that is required throughout the duration. Often, over a long period, a Landlord may wish to carry out largescale maintenance and repair works which improve the premises and, as such, the repairing standard within the Lease is vitally important when the Tenant takes over that role. If that standard can be lowered it is very much to a Tenant’s advantage.

On expiry of a Lease there are quite onerous obligations depending on what the Lease actually says in respect of the condition of the premises. Generally, we find that a Lease will require the Tenant to remove its alterations and/or additions made to the premises and personal effects. What this means is that the Tenant may have to employ contractors and spend substantial sums removing works (even those may improve the premises) in order to give the premises back to the Landlord in the condition envisaged by the standard set in the Lease. There is on occasion a provision in a Lease which allows the Landlord some discretion as to what works it will require the Tenant to remove. It is, therefore, very important from a Tenant’s perspective to consider well in advance of a termination date what works the Landlord may wish them to leave in situ or may wish them to remove prior to expiry. Speaking to your Landlord about this, perhaps, a year in advance of the date of termination, is the prudent way to look at it. Failure to remove your works and leave the premises in the condition as envisaged by the Lease could result in the Landlord being able to raise a claim against the Tenant for the cost of doing what the Tenant ought to have done before expiry. More often now, we see clauses permitting the Landlord to charge the Tenant for the rent for the period it takes for the Landlord to carry out the works to put the premises in the condition it ought to have been in before the Tenant left. These sums can sometime be substantial - not only would the departing Tenant be responsible for the cost of the works but also for the rent after the lease has expired. Again, we as you lawyers will be able to advise you as to how this can be limited and to how your exposure to such claims can be reduced.

Terminating a lease

Most Tenants are unaware that a commercial Lease in Scotland requires to be terminated by written Notice. If the Lease is not terminated within the time period required, the Lease automatically continues for a further year on the same terms, under a unique doctrine under Scots Law called “tacit relocation”. Tenants whose Leases are coming up to expiry, and they have failed to terminate it correctly, end up in a situation whereby the Lease has automatically continued for a further year. The implications of this can be expensive for a Tenant who no longer wants the use of the premises. The only way out, if this happens, is to negotiate an early termination which usually means the Tenant paying something to the Landlord and picking up the Landlord’s legal costs also.

This concept is unusual and, in fact, unexpected and little known amongst small business owners and those who have not entered into Leases previously. If a Tenant is looking for a short-term Lease for a specific purpose (3 - 5 years), then it is important that the Lease is terminated on the termination date. Again, terminating the Lease is something that careful drafting by a lawyer will assist in. The Notices to the Landlord must be precise and set out exactly what the Tenant is looking to say. The Notices must use specific wording, terminating the Lease, and must be served on the Landlord at least 40 days before the termination date. They must be served on the parties and in the manner prescribed in the Lease. It is not sufficient to send an email to the Landlord saying you intend to vacate the premises.

The effect of not serving a Notice correctly, or on time, is that the Lease will continue under the doctrine of tacit relocation and that may have financial implications for the Tenant. Please note that a Landlord may also serve a Notice terminating the Lease on the termination date but very few do.

If you are thinking about taking on a commercial lease or your lease is coming to an end please call us and we will do our best to assist you.

Contact our Commercial Lease Lawyers at The McKinstry Company

If you have any queries for our commercial property lawyers please do not hesitate to get in touch .

Cohabiting Couples’ Rights on Death

Mon, 12 Oct 2020 13:20:56 GMT

What is cohabitation?

Cohabitation is an increasingly popular choice for many couples in Scotland. Cohabiting couples are those that live together as if married or in a civil partnership, without ever getting married or entering a civil partnership.

In the past, you may have heard about ‘Common Law Marriages’. For years in Scotland, couples could consider themselves as married by cohabitation with habit and repute. To be common law husband and wife, the couple needed to convince the court that they act like a married couple and that relatives, friends and others are under the belief that they are in fact married. Common law marriages would afford non-married couples the same rights as married couples, upon the death of a partner. The position of the law changed with the introduction of the Family Law (Scotland) Act 2006 (The Act), which abolished the commencement of new common law marriages from 4th May 2006. The Act also provided unmarried couples other rights upon the death of their partner.

What are the rights of (unmarried) cohabitants?

Cohabiting couples often wrongly presume that they will be afforded the same rights as married couples upon the death of their partner. However, this is not the case.

A cohabitant does not have an automatic right to their partner’s estate should they die intestate , or in other words without a Will. This directly differs from the position of a spouse, who is granted certain automatic rights upon the intestate death of their husband or wife. In such circumstances, the surviving partner has the right to apply to the court for a share of the deceased’s estate, so long as the deceased was domiciled in Scotland and the parties were cohabiting immediately before death.

A cohabitant can only make a claim against the deceased’s net intestate estate. This means that any Inheritance Tax , Prior Rights and Legal Rights claims will be paid out the estate prior to the cohabitation claim. In some circumstances, cohabitants can be left very little or nothing at all, should preceding claims exhaust the estate.

When looking at a claim, the Court will give consideration to the duration and nature of the relationship, as well as the following matters:

The size and nature of the estate;
If the surviving partner has received, or is to receive, anything in consequence of the deceased’s death or from somewhere out with the estate;
The nature and extent of any other rights or claims on the estate; and
Any other matters the court sees as appropriate.

The Court can make an order for payment of capital and also for the transfer of property out of the intestate estate. Any award made to the surviving cohabitant is a discretionary award, which means that the Court decides exactly how much they are due from the estate. The law dictates that an award made to a surviving cohabitant cannot be any more than what they would have received if they were married to the deceased. While there is this upper limit to an award, there is no lower limit and it has proven extremely difficult to quantify how much the Court is likely to grant to a cohabitant.

Additionally, and very importantly, cohabitants face a very restrictive time limit of six months following the date of death of their partner to lodge a claim. Failure to do so will result in the claim being time barred. This time limit has been widely criticised for being too short, especially given that these months are a time of loss and grieving for surviving cohabitants.

It is important to note that a cohabitant only has the right to apply for a court order where the deceased did not have a Will in place. Where a deceased cohabitant leaves a Will, which excludes their cohabiting partner from inheriting any of their estate, the partner does not have any rights to claim against the estate.

Potential law reform

In recent years, the Scottish Government has carried out consultations on the Law of Succession, with the most recent being issued in February 2019. The consultations sought responses on a wide variety of succession matters, including cohabitation and intestacy. While failing to obtain a consensus on several matters, the Government has acknowledged that the six-month deadline for cohabitants to lodge a claim is too short. The Government has also agreed that this time limit should be extended to twelve months and that it will legislate accordingly. We await any actual changes to the law and currently the six-month time limit stands.

Preparing a Will

The process for a cohabitant to claim a share of their deceased partner’s estate is restrictive, time consuming and stressful. Preparing a Will is the easiest and most cost-effective way of protecting your loved ones and ensuring your estate is distributed as you wish. While this is true for everyone, it is especially important for cohabitants, who would otherwise miss out on the automatic rights afforded to a spouse.

Contact our Estate Planning Lawyers at The McKinstry Company

If you have any queries for our estate planning lawyers please do not hesitate to get in touch .

Why having a Power of Attorney in place is necessary during these uncertain times.

Mon, 05 Oct 2020 13:14:57 GMT

Whilst many people understand what a Will is and probably know that they should have one in place, many people do not realise the importance of having a Power of Attorney (POA) in place.

Just prior to lockdown there was a flurry of phone calls to our offices from clients who had either been advised to shield or were going to self isolate for at least 12 weeks if not longer. Clients suddenly realised that if they were not going to be leaving the house, they would need to give a family member the authority to access their bank account, pay bills, withdraw money etc. Putting in place a financial Power of Attorney, allows someone to help you in this type of situation.

Once restrictions eased we were also contacted by clients concerned about a family member whose mental capacity had deteriorated during lock down. In some cases it was too late to put a Power of Attorney in place. A Power of Attorney can only be granted whilst someone has capacity. If a family member has lost capacity and is in hospital, no one has the authority to discharge the family member, whether that be to take them home or to have them placed in a care home. This can cause a significant amount of stress and distress for the family, at an already upsetting time.

This article is being written at the end of September when restrictions are starting to be brought back into place. At the time you are reading this who knows whether we will be in lockdown again or whether infections rates have been brought under control. As part of the easing of lockdown restrictions, we have been able to travel abroad again however the rules change quickly and at the start of lockdown some clients found themselves stuck abroad in the middle of selling/purchasing their house and not being in a position to settle.

If you are in the middle of purchasing/selling your property or are thinking about putting your property on the market and are planning a holiday abroad you can put a Power of Attorney in place which would allow a family member/friend who is still here in Scotland to sign any necessary documents on your behalf should you be unable to return to do so. Your attorney would also be able to access your bank accounts if necessary and make phone calls on your behalf to insurance companies or airlines. If you are planning a trip abroad you should think of a Power of Attorney like an insurance policy – You hope that it will never be needed to be used but should any problems arise, you have it in place. Putting a Power of Attorney in place will probably cost less than your annual insurance premium and is far more cost effective than finding yourself in breach of contract for a sale or purchase of a property.

Anyone who is a sole trader or runs a family business should also consider putting a Power of Attorney in place. Again, if you were to go abroad and not be able to return home, your Power of Attorney would have the authority to continue running your business until you could get back to Scotland.

If someone has lost mental capacity and does not have a Power of Attorney in place, the only alternative is to have a guardian appointed and this involves a court process. This has always been a lengthy process and in the current climate, it is likely to take even longer. If you are concerned that a family member may need a POA in place at some point, arrange for it to be done now whilst you can.

If you would like to discuss putting a Power of Attorney in place our solicitors are working in our offices and can be contacted by phone or by email and are also happy to arrange a meeting by zoom. The signing of the documents can also be arranged via zoom.

Contact our Estate Planning Lawyers at The McKinstry Company

If you have any queries about putting a Power of Attorney in place please do not hesitate to get in touch .

How has Coronavirus affected the Scottish property market?

Mon, 05 Oct 2020 13:09:39 GMT

Spring is usually the time when many people, who want to move house, think about putting their property on the market and generally it is the start of a hectic time for conveyancing solicitors who prepare for the flurry of activity during the spring and summer months.

However, 2020 as we all know, has been a drastically different year to any that have come before even when it comes to buying or selling your property .

In March, the government halted the housing market by telling people to delay their home moves and to stop any viewings for new properties coming onto the market. Consequently, hundreds of people were left in a predicament of not knowing when (or even if) their property transaction would settle. Solicitors had to act quickly to try and get as many settlements “over the line” as they could, with the regulations and guidelines changing on a daily basis.

Ultimately, the property market came to almost a complete standstill and in April and May there were hardly any sales or purchases settling apart from “emergency” transactions. There was a real sense of uncertainty as to when the property market would pick up again however the demand from buyers and sellers began to rise even while the lockdown restrictions were in place. This demand became even more apparent when restrictions began to ease on 29th June 2020 evidenced by the increasing volume of viewing requests, Home Report downloads and property queries exceeding pre-COVID-19 levels.

The Scottish Government announced that Phase One of lockdown would include “preparing for the reopening of the housing market” and in the first three weeks of July 2020, the number of homes coming to market had increased by 29% compared to the same period last year. This has resulted in a very competitive market for properties situated all over Scotland. Locally, in Ayrshire, many properties have been selling at 5 to 10% above the Home Report value and the number of closing dates being set has dramatically increased in the last few months since restrictions lifted. In particular, it has been noted that there has been a surge of interest in Scottish homes from London buyers as the market reopens. Savills has stated that they have witnessed a 71% spike in the number of London buyers viewing properties in Scotland in May, compared to the start of the year. Many people are looking to buy larger properties with more room to work from home and access to garden/outside space.

To coincide with the ease of restrictions, the Scottish Government announced some measures to help support the Scottish property market. The first change was in relation the Land and Buildings Transaction Tax which means that this tax does not apply for any property purchases at £250,000 or less (previously set at £145,000). Further, the announcement of an additional £50 million investment into the First Home Fund to help first time buyers save a house deposit, by loaning them up to £25,000, has encouraged first time buyers to take a step onto the property ladder. In turn, these measures have assisted in boosting the property market at this uncertain time.

If you are thinking of selling your property then it is definitely a good time to put your property on the market and it will be interesting to see whether this high demand for property will continue into the winter months (which is typically a quieter time). Although the future of the Scottish property market is uncertain and will depend on whether any previous lockdown restrictions will be re-imposed, the next few months appear to be just as busy as those previous months since lockdown restrictions were lifted.

Contact our Property Lawyers at The McKinstry Company

If you have any questions for our Property Lawyers at The McKinstry Company please get in touch through our online contact form .

Why an English Will may not be valid in Scotland?

Thu, 17 Sep 2020 13:06:31 GMT

Girvan has been named as the number one place in Scotland for a day at the beach with Ayr being voted second on the list.

They also both offer fabulous fish and chip shops, homemade ice cream and much more. In both our Ayr and Girvan offices we have acted for clients looking to retire from the city or move up from England to enjoy the way of rural living. Since the pandemic we have seen a marked increase in the number of people south of the border looking to move up to our area.

Whilst during this process this is the first time that many English people become aware that we have a different legal system up here people often don’t realise that the law of succession is also different and who is entitled to inherit your estate is different between Scotland and England.

In Scotland your spouse and children are entitled to inherit a share of your estate regardless of your Will. This means you can’t disinherit your child/children as they are entitled to Legal Rights. Legal rights can be a half share of a third of your moveable estate. (everything other than land and Buildings, such as cash, Savings & Investments). Legal rights can be claimed in Scotland up to 20 years after death. These rights do not exists in England.

Many clients move over the border and class Scotland as their home but may only hold a Will in England. English Wills are only required to be signed on the final page, Scottish Wills are required to be signed at the bottom of each page.

One of the biggest differences is that marriage does not invalidate a previous Will in Scotland. Therefore, it is essential that you make a new Will if you are living in Scotland and have re-married. Other wise your original Will may still be valid and your ex-spouse may inherit everything when you die - even if you divorced many years ago!!

In a recent case, an individual of Scottish domicile died having only ever signed an English Will. The deceased had resided in Scotland but used an English Solicitor to prepare their Will.

Such situations create problems in administering the estate as written evidence would be required from witnesses and the solicitor who prepared the Will to ensure the validity of the will under Scots Law. Tracing witnesses can be time-consuming and costly and add frustration.

If you have moved to Scotland and intend for it to be your permanent home, it is worthwhile putting a Scottish will in place.

The worst case scenario, of course, would be for the court to deem the Will invalid, in which case the Will will be deemed to be intestacy.

Intestacy is where a person has died without a Will or the Will is deemed invalid. This is costly and time consuming along with added stress to the family. You are required to apply for a Bond of Caution which is an insurance policy and you are also required to apply to the local sheriff court to have an executor appointed and your estate may not be distributed how you may have wished.

The purpose of a Will is to communicate your wishes to your family and loved ones and let them know what you would like to happen to your estate after you die. People often think they don’t have much so don’t put the legal document in place. We advise all clients to put a Will in place as it protects you and your loved ones. Putting a Will in place is not expensive and is very straight forward. Much more so than people expect.

If you don’t have a Will or your Will was completed online or with an English solicitor and you are unsure if the document is valid in Scotland please arrange an appointment with one of our private client solicitors in either our Girvan or Ayr offices to discuss further.

If you have a valid Will we advise you should review this on a regular basis. e.g if you have purchased a new property, have a new child or grandchild and you wish to leave a small gift.

Contact our Wills Lawyers at The McKinstry Company

Making a Will can save your relatives a lot of heartache and hassle at an extremely difficult time. Making a Will is the easiest way to ensure your assets are left to who you want and your wishes are respected. It is incredible that an astonishing number of people postpone and put off writing their Will. Visit The McKinstry Company in Girvan or Ayr to discuss with one of our private client solicitors who will be more than happy to advise you on making your Will and giving you the correct legal advice suitable to your requirements. Contact us today.

Private Client Solicitor

Wed, 29 Jul 2020 13:01:12 GMT

The McKinstry Company is currently looking to recruit a Private Client Solicitor based in Ayr.

We are dynamic, forward-thinking with a strong presence across South West Scotland. The position offers the opportunity to take a leading role within our expanding and developing Private Client Department with exposure to a wide spectrum of clients and dealing with a varied caseload including Wills, Trusts, Estate Planning, Executries, Powers of Attorney, Guardianships.

The successful candidate will ensure the highest quality of service delivery and have extensive client and people liaison skills. Ideally, the candidate will have completed two years PQE.

Salary Competitive and benefits commensurate with experience.

Applications and CV by email to Mrs Leigh Frew at Leigh@mckinstry.co.uk or in writing to The McKinstry Company, Solicitors, Queen’s Court House, 39 Sandgate, Ayr KA7 1BE.

Executry Paralegal/Assistant

Wed, 29 Jul 2020 12:59:11 GMT

We are looking for a confident and outgoing individual with experience in all aspects of private client work to join our team in Ayr.

The successful applicant will assist with private client matters including Wills, Trusts, Executries, Power of Attorney and Guardianship administration.

Whilst a Paralegal Certificate in Wills, Trusts and Executries is desirable, it is not essential.

This is an excellent opportunity to join our dynamic and growing Law Firm .

If either of these opportunities is of interest then please apply with full CV to:-

Leigh Frew

leigh@mckinstry.co.uk

HR Co-ordinator

The McKinstry Company

Scottish Government to increase starting threshold for paying Land and Buildings Transaction Tax

Fri, 10 Jul 2020 12:52:27 GMT

It has been announced that the Scottish Government are going to increase the starting threshold for paying Land and Buildings Transaction Tax (LBTT) for all residential properties from £145,000 to £250,000.

This move follows the footsteps of England and Northern Ireland when the Stamp Duty Land Tax (SDLT) ‘holiday’ was imposed whereby all property purchases in England and Northern Ireland are exempt from SDLT payments on purchase prices up to £500,000.

The change will have a significant impact on many purchasers across Scotland (particularly first-time buyers who will now be able to add more funds towards their deposit). Generally, the changes will mean that eight out of ten purchasers across Scotland will have no tax to pay at all.

However, it is not clear when this change will take effect as a start date has not been announced. Finance Secretary, Kate Forbes, said that the change would be introduced “as soon as possible”. This contrasts with the announcement made by the chancellor who said the changes would come into force with immediate effect for property transactions across the border.

Further, it is not clear whether Additional Dwelling Supplement Tax will also form part of the ‘tax holiday’ or how the tax exemption will affect ongoing transactions. It is unclear whether the LBTT exemption only applies to new purchases going forward that do not yet have a concluded contract or whether it could apply retrospectively to transactions that although concluded have not yet settled due to Covid-19.

The cut in LBTT should definitely be considered a positive change however the uncertainty about when the LBTT holiday begins may cause purchasers to delay submitting offers until the rules surrounding the tax cut have been clarified and this could stall the market.

Further, the Government has announced measures to boost the property market by pouring an extra £50 million into the First Home Fund which should equate to helping another 2000 first time buyers start their climb up the property ladder.

The First Home Fund scheme was introduced to assist first time buyers in affording their first property and works by offering purchasers up to £25,000 towards the cost of buying a home. The Government then takes an equity share in the property in exchange for the loan and the homeowner will repay the Scottish Government when they sell. However, they can pay it off earlier and there are no monthly payments charged nor any interest on the loan during ownership.

These changes are productive and hopefully will help the economy to grow as the property market across the UK picks up.

Contact our Property Lawyers at The McKinstry Company

If you have any queries regarding the Government’s announcement or if you are thinking of moving house then please do not hesitate to get in touch with our property lawyers at The McKinstry Company.

The McKinstry Company is here for YOU

Fri, 26 Jun 2020 11:59:38 GMT

The McKinstry Company understand that life has been difficult over the past few months - clients, colleagues and everyone in the community have been impacted in some way.

Much of life as we knew it was paused, but as life starts to return to normal we appreciate that our clients will continue to require our trusted support and guidance just as they have done so over the past 35 years.

That’s why we’re providing an array of appointment options to clients to ensure everyone has access to our services when they need it most.

While we are unable to meet clients face to face, for the moment, we have in place a number of options to consult with you by phone, video conference or using our new Artificial Intelligence tools which we shall shortly be launching on our website.

The Family Law and Private Client teams have collaborated with leading legal software company, Settify, to become one of the first law firms in Scotland to provide a customised AI platform for initial instruction and helpful information on Family Law matters and Wills .

Free to access on The McKinstry Company website, Settify covers all areas of family law, from pre-nuptial or cohabitation agreements through to separations or complicated divorce cases and can be accessed 24/7. This pathway to instructing our Family Law team and gaining useful advice will be a huge benefit to clients. The Wills section also affords clients a new way of considering how they will arrange their affairs going forward and providing initial instruction to our Private Client team.

Robert Honeyman , Managing Partner at The McKinstry Company said: “We are always here for our clients and available to provide advice when needed. We can do this by telephone, video conference and with Settify for Family Law and Wills.”

Edward Kirk , the UK Head of Settify, said: “It is important for solicitors to meet clients where they wish to be met, particularly given the current situation. We are therefore delighted that The McKinstry Company are able to offer this intuitive tool to enable their clients to commence their Will or Family Law matter online, at a time and place of their choosing.”

For the time being, you may not be able to visit a solicitor at The McKinstry Company, but when you can all of the arrangements are in place so that the offices are ready for clients.

The McKinstry Company understand that although it’s refreshing to use AI, Zoom or other video conference, they recognise the importance of still meeting with your trusted adviser in person to cement the relationship between solicitor and client.

“During lockdown we have worked hard to reconstruct the layout and facilities in the office so when all of our staff and clients are able to return, they’re able to do so in a safe manner,” added Robert.

“The substantial investment we have made in recent years in our reception and meeting room areas, I.T., and providing disability friendly access ensures that when clients are able to come to see us, they can do so to an office where they will feel comfortable and safe.”

We just want you to know that we’ll be here.

When you need us.

When your business needs us.

And when your family needs us.

To speak to a solicitor at The McKinstry Company, you can contact the Ayr office on 01292 388048 and the Girvan office on 01465 915042 or complete our online enquiry form .

Reclaim Your Tax

Thu, 25 Jun 2020 11:44:21 GMT

The time period for reclaiming Additional Dwelling Supplement Tax paid on property transactions in Scotland is to be extended.

At present, a tax called Land and Buildings Transaction Tax (LBTT), requires to be paid on property purchases over £145,000 and over £175,000 for first time buyers (First Time Buyer Relief). The amount of tax to be paid is dependent upon the purchase price. This tax cannot be reclaimed.

However, for those who are purchasing a second or additional property an additional tax liability is also incurred known as the Additional Dwelling Supplement Tax (ADS). Under certain circumstances the additional tax liability can be reclaimed.

ADS is charged at 4% of the full purchase price in addition to the Land and Buildings Transaction Tax which is due to be paid upon completion of the purchase. ADS applies to the full price where the purchase price is in excess of £39,999. For example, the purchase of a second home at £200,000 the LBTT payable is £1,100 and the ADS payable is £8,000 making the total tax liability £9,100.

Currently ADS can be reclaimed if following the completion of a second property purchase the individual finalises the sale of their previous main residence and moves into the second home as their new main residence within 18 months from the date of the purchase of the second home. Upon completion of the sale of the previous main residence repayment of the ADS paid at the time of the purchase of the second home can be reclaimed from Revenue Scotland. Accordingly in the previous example the ADS of £8,000 can be reclaimed.

Given the current COVID-19 crisis and stay at home Government guidance individuals may find that they are unable to complete the sale of their previous main residence within the 18 month period due to restrictions which are in place.

The Scottish Government’s new COVID-19 committee has announced that measures will be implemented in the second Coronavirus Bill which will extend the period within which a main residence must be sold in order to reclaim ADS which may have been paid. This will only apply to ADS payments which were made before a specified date which has yet to be declared. If implemented, this change will prove to be a boost for the currently ‘on hold’ property market.

Contact The McKinstry Company today

If you have any questions regarding Land & Buildings Transaction Tax or Additional Dwelling Supplement Tax please contact at the property lawyers at The McKinstry Company where one of our solicitors will be able to advise you.

Phase 2 - How Do I Get My Home Ready to Sell?

Thu, 25 Jun 2020 11:41:15 GMT

Things in the property market have been somewhat on hold but that does not mean your preparations for selling should be.

Following the First Minister’s announcement that we shall be entering Phase 2 of the easing lockdown restrictions, the current restrictions on moving home will begin to ease from 29th June 2020. If you want to sell your home, you will need to have your home ready.

Under the current restrictions, estate agents’ offices are closed, surveyors cannot attend at properties, at least not inside, and only those house moves which are deemed “reasonably necessary” should go ahead.

The most recent guidance from the Scottish Government states:-

During phase 2, members of the public will be allowed to leave their homes to undertake certain activities in connection with the purchase, sale, letting or rental of a residential property which are expected to include:

visiting estate or letting agents, developer sales offices or show homes;
viewing residential properties to look for a property to buy or rent;
preparing a residential property to move in;
moving home; or
visiting a residential property to undertake any activities required for the rental or sale of that property.

This will allow people working for relevant organisations and businesses to travel to work where necessary to undertake these activities in a safe manner. A key change is that a home move will no longer have to be reasonably necessary; home moves will be permitted. Everyone should still comply with the physical distancing and health guidelines.

As it says, the easing of restrictions includes the developments listed and although restrictions will be eased from 29th June 2020 that does not necessarily mean the market will immediately spring back into action. Sellers will need to consider whether they want viewing to take place in the home they are selling, especially if it is the home they live in, and Purchasers will similarly need to consider whether they are comfortable going into someone else’s home. Many estate agents offer alternative viewings by way of virtual viewings online and it is worth considering this as an alternative to in person viewings.

Although safeguarding measures must remain in place the requirement to prepare your home for going on the market remains.

As a seller you get two real opportunities to impress and sell your property. The first is online, either by way of a virtual tour or photographs or both, which you will organise with your chosen estate agent; the second, is when the prospective purchasers come to visit your home.

With in-person home viewings these will take on a slightly different format in that Sellers and viewers shall still need to exercise social distancing along with other good hygiene practices. Therefore, to make viewings as smooth and manageable as possible there are certain precautionary steps we would advise taking:

Tidy-up. This may seem obvious but if we are exercising social distancing and you as the seller may have to be outside the property whilst viewings are going on you will want the house to be as clutter free as possible to allow viewers and therefore potential buyers, as free a passage as possible through your house. You will not be there to pick up any wayward items as you go or to explain away any items you forgot to clear up.
Make sure each room is presented for its advertised purpose. If you are selling a four bedroom home but only use three and the fourth is an office, gym or just simply a store room then present it as a bedroom as it is realistic to expect that potential buyers looking for a four bedroom house will want to see all four bedrooms as that, after all, wouldn’t you?
Take care of any remedial jobs you can. You do not have to redecorate your house, but you don’t want it looking worn if you can help it. Yes a family home will have wear and tear but is a potential buyer looking for that or do they want to see the property in its best light thereby allowing them to imagine how the property will look to them with their family in it.

What else do I need to sell my house in Scotland?

Well, there is more to selling a house than employing an estate agent, making it presentable and sticking it on the market. You need to be ready to move once you have that all-important buyer in place. Below is a list of documents and information you can provide your solicitor with, if you have them, which will greatly speed up the transaction and which we would recommend you look out and have in place even before you put your property on the market. It is sensible to instruct your solicitor in the proposed sale at the same time as you instruct your estate agent and this will allow all parties to work together to secure the offer and sale as quickly as possible and with as little inconvenience to you as possible.

Here is the list:-

Your title documents. These will be either a Land Certificate or older handwritten deeds.
A note of your mortgage provider and mortgage account number. Your solicitor will ensure the redemption of your mortgage as part of the transaction.
Identification. An obvious one but essential. The transaction will not proceed without ID no matter how well you know your solicitor.
Copy planning application(s), Building Warrant and Completion Certificate for any alterations carried out at the property which required these permissions and consents.
NHBC paperwork if the property is less than ten years old.
SEPA registration documentation if for instance there is a septic tank you use.
Are you aware of any defects or issues with the title to your property? If so, do you have a Title Indemnity Policy? Again, your solicitor will need to see this.
Did you buy the property through a shared equity or government Help to Buy scheme? Again, details of all the parties involved will need to be provided to your solicitor.

This list is not exhaustive as there are many unique circumstances which can come with property ownership.

Contact our Property Lawyers for Ayrshire and Dumfries & Galloway

As with anything relating to your property transaction for the best advice and a detailed discussion and assurance as to how to proceed, contact us here at The McKinstry Company and we can take you through the whole process.

The McKinstry Company Family Law team collaborate with leading legal software company, Settify

Fri, 05 Jun 2020 11:33:39 GMT

The McKinstry Company are pleased to announce that the Family Law team have collaborated with leading legal software company, Settify, to become one of the first law firms in Scotland to make this legal intelligence software available to all our family law clients.

Settify intelligently interacts with clients, whether from our website or by invitation. It provides clients with customised, helpful information relevant to their family law matter, and allow you to provide a full brief of your initial instructions.

We have made the software package free to use on the family law pages of our website - and can be used without obligation before you engage as a client. It covers all areas of family law, from pre-nuptial or cohabitation agreements through to separations or complicated divorce cases. We have worked closely with Settify to develop a system which is interactive and straightforward. It can be accessed, and saved, at any time, 24 hours a day to suit your lifestyle and manner in which you wish to interact with The McKinstry Company.

A break-up or family dispute is among the most stressful life events and this system is designed to make the process of instructing the expert family law team at The McKinstry Company as simple, smooth and straightforward as possible so that we can be proactive in helping you right from the beginning.

In family law there is always a lot of information to be gathered at the start. A great deal of time is usually spent going over details, in particular regarding assets, debts and other financial income which clients often do not know or cannot recall ‘off the top of their head’, meaning that sometimes the solicitor is left with an incomplete picture, even after the first meeting.

With our new Settify system, clients can input as much (or as little) information as they want prior to meeting with us, and this can be done all at once, or in stages, just whenever is convenient to you. This allows us to obtain information about your circumstances in advance so that face to face meetings can be much more focussed on advising on the way forward and planning a strategy for you instead of spending time in meetings noting down administrative details. Advice can be tailored in advance, the whole process becoming much more effective and efficient, with the added benefit of saving on the cost of fees.

It also allows gives you greater clarity on what kind of things need to be thought about and what information will need to be obtained. Our AI system will guide you through the type of information that you will input to provide the basis of instruction in your case.

It is entirely up to each client how much they wish to share with us. The Settify AI system will engage in a “conversation” with you to take you through this initial process. There is no obligation to use the software at all if you are not comfortable - we appreciate some clients may not want to use the system, and we are happy if your preference is to provide the information in a more traditional manner at a client meeting. However, we are sure that the user-friendly arrangement we have in place will appeal to many in particular where clients are looking at new ways they wish to transact many parts of their affairs.

The innovative artificial intelligence technology is there as a tool to enable us to better advise and assist you, but will not replace face to face meetings with our solicitors. We are always approachable and able to be contacted by telephone, email or video call. The new system will help greatly at the start of the process assisting our solicitors in providing tailored legal advice to you.

CLICK HERE TO GET STARTED ONLINE

On this collaboration Edward Kirk, Settify’s UK Head commented:-

“It is important for solicitors to meet clients where they wish to be met, particularly given the current situation. We are therefore delighted that The McKinstry Company are able to offer this intuitive tool to enable their clients to commence their family law matter online, at a time and place of their choosing.”

The McKinstry Company announces user-friendly online product to assist clients with their Wills and Powers of Attorney

Fri, 05 Jun 2020 11:26:41 GMT

Leading Ayrshire Law Firm, The McKinstry Company is delighted to announce that it has launched a new online tool which will assist new and existing clients with their personal affairs.

The artificial intelligence tool will ease the process for clients who are looking to get started with drawing up their Will and offers advice to clients on what they should also be considering such as putting in place a Power of Attorney.

Partner Debbie Dunlop said “For some time now we have been looking at ways in which technology can improve our offering to clients whilst ensuring we still deliver on our high standard of client service. Relationships are still key but we understand that clients are busy people and may want an online service they can access from the comfort of their own home at a time that suits them. We now have an online portal which is accessible 24/7 via our website and is incredibly user friendly. It allows the clients to input all their personal information and gives us a greater understanding of the clients’ needs from the get-go.”

The portal guides clients through a list of questions which prompts them to input personal information and to consider important matters. Often clients come to the initial meeting and may not have considered everything they need to. This online tool allows both the client and the solicitor to be ready for the initial meeting.

Debbie added “ I think this tool will really appeal to people who are perhaps hesitant about contacting a solicitor in the first place and aren’t sure what putting a Will in place will involve. This online tool does not commit you to using our services and you can always save your answers and come back to it when you feel ready.”

TRY OUR ESTATE PLANNING TOOL

Solicitors across the country have reported an increased number of enquiries about Wills during the lockdown. The McKinstry Company offices in Ayr and Girvan are still both open. Just because we cannot meet face to face with you at the moment doesn’t mean you can’t access our services. We can arrange meetings by Skype, Zoom, Facetime or conference call to ensure you get the right advice at the time you may need us most. Contact our team on 01292 388083 or through our online contact form .

The McKinstry Company is currently looking to recruit a Residential Property Solicitor based in Ayr

Thu, 07 May 2020 11:16:44 GMT

We are looking for a residential conveyancing solicitor to join our award winning law firm based in Ayr.

To be considered, you must have at least 2 years of post-qualified experience and be able to work autonomously with a workload of residential purchases & sales , acting for a range of clients from first time buyers to holders of small portfolios of residential property. There is an excellent team of paralegals and secretarial support within the firm and the ability to work with, and delegate appropriately, to others is essential. Some experience of commercial conveyancing including landlord/tenant work and lease management is also desirable but not essential.

The firm offers a good work life balance with competitive salary, pension contribution, health plan and benefits commensurate with experience.

If you are interested in this opportunity please e-mail your CV to Leigh Frew at Leigh@mckinstry.co.uk

Covid-19 Lockdown : POAs can still be put in place

Thu, 16 Apr 2020 10:43:34 GMT

During these unusual times you may find yourself having to rely on others for assistance or you may be the one assisting an elderly or vulnerable family member. Having a Power of Attorney in place could prove invaluable.

What does a Power of Attorney do?

A Power of Attorney tells everyone who you want to manage your money and help you with your care if you need assistance or are unable to make decisions. It is like an insurance policy – hopefully, you never need it but if you do need help a Power of Attorney makes things much easier and less expensive for you and your family.

What does a Power of Attorney cover?

There are two kinds of Power of Attorney: a Continuing Power of Attorney which covers your property and finances; and a Welfare Power of Attorney which covers your care and personal wellbeing. You choose which powers you want your Attorney to have and what you want your Attorney to do.

Who can be my Attorney?

You may appoint anyone you wish to be your Attorney. You may appoint the same or different people to deal with your finances and your welfare, it is your choice. You should trust the person who you want to be your attorney and you should let the person know you want him or her to be your Attorney as it is a very responsible position.

If you already have Power of Attorney in place and it has been registered with the Office of the Public Guardian, your appointed Attorney can act on your behalf if you ask them to. Banks and other financial institutions will require your Attorney to formally register the document with them and your Attorney will need to contact the bank to find out what their requirements are. If you require further certified copies of your Power of Attorney, please contact us .

Whilst there are a few logistical issues in putting a Power of Attorney in place during lockdown, we can still assist you with this. Please give us a call on 01292 388083 (Ayr) or 01465 754287 (Girvan) to discuss arrangements.

Can I move house during lockdown?

Wed, 15 Apr 2020 10:38:16 GMT

When the Land Register announced their temporary closure of the application record on 24th March with immediate effect the property market in Scotland screeched to a standstill.

Across Scotland Solicitors frantically contacted their clients to discuss the potential delays that this could cause to house move.

As the conveyancing profession focused on the legalities a more practical issue arose from the imposed lockdown - removal companies rightly took the decision to protect the health and safety of their employees and follow Government guidance. As a result many clients found themselves surrounded by boxes but unable to move to their dream homes.

Although the practical issues of moving house remain the Law Society of Scotland Property Law Committee and the Land Register announced last week that the passing of the Coronavirus Bill included provision to extend the normal 35 day Advance Notice period to a period ending 10 days after the day on which the Keeper declares the application record fully open. An Advance Notice is recorded against the title to a property and provides a purchaser with the protection that a title deed in their favour is intended to be registered in the land register and prevents a competing deed granted to a third party entering the register first.

The Coronavirus Bill further allows for digital submission of applications for registration while the Registers of Scotland are temporarily unable to receive applications by post. We await confirmation from the Land Register when this service has been implemented. It is anticipated that when the electronic submission service is activated to the profession at large we will be able to complete sales and purchases where possible however the practical issues remain.

The Law Society and the Scottish Government encourages all parties to amicably agree on new moving dates when it is likely the lockdown measures have ceased however the uncertainty surrounding the lifting of social distancing measures will continue to delay settlements until removals can take place. Accordingly, any delays agreed to dates of entry should include provision to further defer that date if lockdown measures continue.

There are circumstances in which properties that are currently vacant completion can be effected if the health and safety of our clients will not be jeopardised. Where it is reasonably necessary to facilitate a house move is an exception to The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 .

Whilst properties can still be advertised during the lockdown period we recommend that you adhere to Government guidance and do not allow viewers into your home. Your estate agent should be able to conduct virtual viewings if necessary.

The McKinstry Company wish to assure their clients that they are continuing to progress the necessary conveyancing formalities to ensure that when the legal and practical aspects of moving have resumed you are in the best position to move as soon as it is safe for you to do so.

Should you have any concerns regarding the selling or purchasing of a property in the current climate please contact our residential conveyancing team on 01292 388048 .

Wills in the time of Coronavirus

Tue, 14 Apr 2020 10:29:54 GMT

Whilst many of us will have started off 2020 with a resolve to eat healthier, exercise more, drink less (who regrets Dry January now?) learn a new language or musical instrument and tick off a couple of items on our never ending to do list for life, usually by this point in the year, we are back to old habits, looking forward to the Easter break and not much has been achieved. With dark nights and constant rain, who can blame us?

Now, during these unprecedented times, many of you may be looking at lockdown as an opportunity to pick up again on these resolutions and many of you will have resolved to be healthier during these weeks. Some of you will have attempted Joe Wicks’ 9am workouts or some other form of online fitness class. You may have stocked up on fresh fruit and veg which is now going off and are regretting the lack of chocolate in the house. It won’t be easy to stay fit and healthy but if anything, Covid-19 has reinforced how important our health is.

Another matter that Covid-19 has reinforced is how important it is to have your personal affairs in order. Around 60% of Scots don’t have a Will in place but say they will get around to it…Law firms across the country have reported a significant increase in clients getting in touch to put one in place.

If something happens to you and you don’t have a Will in place, you have no say in what happens to your estate. This could mean that someone else needs to take on the responsibility of administering your estate and it could also mean that people inherit from your estate that you would not have intended to receive any of your assets. This is particularly important if you are not married, separated but not divorced and have children from a previous relationship. All of these factors can greatly determine the way in which your estate is distributed.

If you don’t have a Will in place, but have always meant to do it, now is the time.

Whilst we cannot have face to face appointments for the time being, there are still ways in which we can take your instructions and arrange for signature of your Will if this is something that has either been on your mind for a while to do, or in the current climate is something you would like to discuss.

We appreciate that no one wants to discuss putting a Will in place but it is not as complicated as many people imagine. Simply call us on 01465 915042 or fill out our online enquiry form , and we will provide you with expert advice in plain English.

As a thank you to our local NHS staff, emergency workers and healthcare workers, we won’t be charging you for this service.

Lockdown and Beyond: 5 top tips for Employers and Employees

Mon, 13 Apr 2020 10:25:28 GMT

We are in uncharted territory, times are uncertain, this is unprecedented - phrases we hear repeated daily during this Covid-19 outbreak.

At this time, we are grasping for certainty, something that won’t change daily and a plan that we can stick to. At The McKinstry Company, we don’t have all the answers but you can trust us that following these 5 top tips will stand you in good stead going forward.

Employers

Survive - Work out how your business is going to survive over the next 3 months. Survival is the key at the moment. Preserve your cash, trim all unnecessary spend and cut your staff complement to the minimum required to ensure business continuity. Every employer has the benefit of government furlough support – use it.

Communicate - to your clients, colleagues, stakeholders and the community. Let people know you still exist. Many businesses will disappear as a result of the economic shock of this crisis. Make sure everyone knows that you are still around, the plans you are making for the future and how you will be looking forward to continuing to service all your clients and customers at the end of lockdown. There are so many free channels through which you can communicate without the impacting on your cash reserves – Twitter, Instagram, Facebook, LinkedIn, your website.

Plan - how does your business look post-lockdown and who do you need around you to succeed? There is no better time to analyse your business plan, expenditure and your staff complement. Be ruthless – what do you really need to spend money on and which staff members truly add value to your business and will help you succeed. Remember that marketing spend is always easy to cut but if you are not spending money attracting people to your business how are you going to get business!

Exit - the exit from lockdown and furlough is going to be the most important phase for your business. This is where most businesses will make mistakes and risk collapse. The exit will not be a light switch to turn the economy back on. This will take time and all businesses will be different. Think about the different elements of your business and which parts might pick up first and how much lead time there will be for others. Bring your staff back from furlough in stages. Once furlough ends the government life support is switched off. Your business and your staff need to be making you money. If you have staff surplus to requirements then you have to make quick decisions – our Employment Law team can advise you on the best way to re-organise your team and do so without finding yourself before an Employment Tribunal. This may seem cruel but you have to remember you have a duty to your business, your clients, your stakeholders (most likely the Bank) and all your remaining staff members to survive.

Stand Out and Succeed - cast aside the negativities, the worries and even thinking about Covid-19. Focus on your business and show everyone how good you are at what you do and deliver.

Employees

Survive - whether you are working or in furlough this is going to be one of the most challenging times as an employee. Work does not seem normal and life certainly has changed completely but you need to look after all those things that matter to you – your family, you, and your employer. Stay fit, healthy and focussed.

Communicate - speak to your employer whether you are on furlough or not. Make sure that they know who you are, what you are doing and your commitment to the business. Think about what you can do during this time to assist the business. You might be furloughed and sitting at home but that does not mean you cannot be an asset to your employer. Update your LinkedIn, rework your Instagram profile, write some blog articles or carefully plan business development ideas for when you are out of lockdown. Whatever you are doing make sure your employer knows – you need to make yourself stand out and indispensable. You want to be one of the first returned from furlough and considered a key member of the team.

Plan - what do you want out of work and what does the future hold for your career. Now is the time to re-assess and commit to the plan. This might involve a change of employer or a complete change of career but whatever it is make sure that you have covered all bases. This is going to be a difficult economy in which to work for the next couple of years so do your SWOT analysis and commit to the plan. On the assumption you are staying in the same business then use this time well – get your CPD up to date, update your product knowledge, keep on top of industry development, brush up on your business skills. There are plenty of tips and resources you can access online that will make you a better employee on exit.

Exit - just as for employers this is the most important time for employees. Be under no illusion that all businesses will be looking at their staff complement and deciding who makes the grade for the business going forward. If you do not hit the ground running on exit and demonstrate your value to your employer you can expect to be looking for a new position. You have rights as an employee and at The McKinstry Company we can advise you on all the protections that you are afforded.

Stand Out and Succeed - whether it is the bold tie, a new business suit, new heels or a different hair style you need to make your mark. Your employer needs to know how good you are and what you can offer to the business. There will be many opportunities and excellent prospects for those who are prepared to stand out and excel. Don’t hide your light under a bushel – demonstrate and implement your drive, enthusiasm and commitment to the business. This will be your path to success.

Good luck everyone. Remember that whatever issues arise during these months and years ahead The McKinstry Company will continue to do what we have been excelling at for the past 35 years. We will be here for you and for your business because we are YOUR Law Firm for Life.

Evictions During Coronavirus

Fri, 10 Apr 2020 10:19:31 GMT

The Coronavirus (Scotland) Act 2020, passed by the Scottish Government on 1 April 2020, will come into force as soon as it receives royal assent, likely to be this week.

It will impose temporary but significant changes to the eviction process in both the private rented sector and the commercial property sector in Scotland.

Residential Tenancies

The effect of the legislation, for all type of residential tenancy, is to extend the notice period that requires to be given to a tenant before proceedings for eviction can start. The length of notice now required depends on the grounds that eviction is being sought. In most cases, it is six months, but less (28 days, 2 months or 3 months) in certain circumstances.

The First-Tier Tribunal, who have taken overhearing eviction cases in Scotland, also now have extra discretion. Under the existing law, if the landlord can prove certain circumstances exist (e.g. that there is more than three months’ rent in arrears) then the Tribunal has no option but to grant the eviction. This will temporarily change so that the Tribunal has discretion in every residential eviction case.

It is always important in residential cases that the correct notices are correctly served - otherwise the application for eviction will be refused and will have to be re-started from square one. We would recommend that any landlord who requires a property back, or any tenant being threatened with eviction, contacts us for guidance at an early stage - the sooner the better.

Commercial Tenancies

The Act changes the required notice period for a notice threatening irritancy from 14 days to 14 weeks. This includes notices that have already been served but have not expired when the Act comes into force and those notices will be invalid.

Compounding difficulty for landlords is the fact that the Courts are effectively closed except for “urgent” matters - examples being child protection issues or where an urgent order is required to prevent harm or illegal acts taking place. For the time being, landlords cannot therefore raise Court action either to recover payment of rent arrears or for an order for eviction.

If you are a landlord caught in this difficult position, or indeed a tenant wondering how to proceed, we would urge you to contact us as soon as possible.

How to proceed?

The reality is that many businesses and individuals are experiencing financial hardship which will result in problems on top of the usual landlord/tenant issues. These new measures will hopefully on the one hand help to save businesses and jobs, a long term good, but they will also inevitably lead to difficulties in the short term where things go wrong between the landlord and the tenant because of the necessary delays before enforcement action can be taken.

Landlords, whether residential or commercial, should continue to manage their properties and keep in touch with tenants throughout. A landlord who has acted fairly and reasonably may well be given the benefit of the doubt, should it come to that, in any proceedings that end up being necessary. Where issues cannot be resolved then landlords should consider taking steps to have notices served and put their tenants on notice as soon as possible. This will serve two purposes: 1. it will minimise delay in getting the application for eviction raised and 2. it may be that service of a notice on a tenant will push them into action. However, landlords need to be clear that there will be a delay before they can take significant enforcement action and so management of issues and communication with tenants would be prudent short-term.

Tenants should also be reasonable - there may be serious practical difficulties with landlords attending to repairs and there should be patience where these are not urgent. Also, delays in the eviction process should not be viewed as a reason to stop paying rent. The rent remains due and tenants remain bound by the lease contract. Any failures, including failure to pay rent, could well result in enforcement action being taken by landlords. The longer rent remains unpaid the more difficult it will be to pay back arrears, which risks eviction, an order for payment (which would mean wages or bank accounts could be arrested) or even bankruptcy in some cases. Without a doubt the prudent course for tenants is to comply with their lease and keep in touch with their landlord if they are experiencing difficulty.

Whether a landlord or tenant, if you have any issues with your tenant or landlord please do not hesitate to contact us .

Contact During Coronavirus

Thu, 09 Apr 2020 10:09:52 GMT

A common question arising out of the current health crisis is “how does the coronavirus ‘lockdown’ affect contact when parents are separated?” We are open and available to help with these types of difficulties.

The clear government advice is to stay at home, travel only in very restricted circumstances and to have contact with as few people as possible. Contact between a child and separated parents may mean travel between two households, travel over great distance, or mixing with numerous other people, all seemingly against government advice. But both parents will want to see their children and there have been comments from the UK government, notably Michael Gove, that contact with both parents can and should continue even during the shutdown.

Like many questions in these unprecedented times, there is simply not a clear answer.

In short, our advice is Court orders, or contact arrangements agreed between parents without a Court order, should be followed where possible, but parents should act reasonably and use common sense to make decisions about where arrangements should be temporarily changed. Agreement of both parents would be best if varying contact, and only in exceptional cases should a parent take steps to vary the arrangement without agreement of the other parent.

Every case will be different, so we would encourage to you call us to talk through your situation if you unsure what to do.

Where physical contact is restricted then efforts should be made to keep the absent parent involved, for example, by video calling regularly (using the “wizardry of modern technology” as Boris Johnson recently called it).

An important background point to remember is that underpinning most if not all child law is that the welfare of the child is most important. Many children will be worried already by the virus and parents should bear this in mind when making the difficult decisions that may lie ahead and in explaining those decisions to the children.

The following is divided into two sections: firstly, where there is a Court order in place; secondly, where there is not any Court order in place (there may be an agreement between the parents, or the parents may disagree or be in conflict, or the parents may be recently separated and wondering how to move forward).

Court Order for contact in place

Court orders should be complied with and broken rarely, if ever. There has been no official guidance that Court orders setting out contact arrangements could or should be broken in these exceptional times. Accordingly, the starting point has to be that Court orders setting out contact arrangements should be complied where possible with even during the shutdown.

However, we would suggest that a common sense approach should be taken. If, after weighing up all the factors, it is sensible to miss one, or a few contact visits then in these extraordinary times that may be the best course. Wherever possible this should be done with the agreement of both parents. Agreement will also most likely keep the stress for the child to a minimum.

Sometimes the situation will not be clear, and each parent may take a different view of the risk. There is no correct answer. As set out above, the starting point has to be that the Court order should be followed where possible. One parent deciding, without agreement, to vary the contact order, should be avoided unless there is a very good reason for doing so. If taking that route, details and evidence should be kept to support the decision to vary the contact in case the decision needs to be defended later.

Where there is no Court order

Parents should act reasonably, sensibly and prudently. If it is safe to continue an agreed contact arrangement then do so. If there is a risk then the best course would be for the parents to discuss it and agree how to resolve the situation, whether that is stopping contact short term, or agreeing it will be continued but the situation monitored.

Where there is disagreement, the situation becomes tricky.

The courts are shut except for urgent business. Urgent business includes cases involving child protection, where someone is in danger, and urgent contact cases. The Court would have to be persuaded the case is urgent and each case will be assessed on its own facts. We would urge you to contact us to discuss contact if you find yourself in this difficult situation - we can help.

We remain open and available do advise on this essential point. With child contact cases generally there is often not a clear ‘correct’ answer, and in these unprecedented times there is even more uncertainty. Accordingly the best way to proceed, for everyone, is to do so with the agreement of both parents who should consider the interests of their children as paramount but should also consider the risk and the potential impact on society.

Contact our Family Solicitors

Call us on 01292 438530 (Ayr), 01465 754294 (Girvan), or fill out our online enquiry form .

COVID-19: Property Update

Thu, 26 Mar 2020 11:01:59 GMT

In light of the recent guidance from the Law Society of Scotland following the temporary closure of the applications department of the Land Register we anticipate that sales and purchases may require to be delayed until temporary procedures are put in place by the Land Register.

We have been assured that the Law Society, Land Register and lending institutions are in discussions to resolve matters as soon as possible.

There are also the practical issues which may affect your move following recent reports that removal firms are not currently operating in light of the government guidelines.

The McKinstry Company are currently assisting clients who face the prospect of delays to their sale and purchases however we endeavour to ensure that when matters have been resolved (even if that is by temporary measures) that we are able to assist you in settling your transactions as soon as is practically possible.

Please contact our conveyancing department during this period if you have any concerns arising from any of the foregoing on 01292 388048 .

A law firm for life - We're here for you...

Thu, 26 Mar 2020 10:58:28 GMT

The McKinstry Company is still open for business and will continue to provide service to our clients at this time.

Given the recent government advice, we will be operating a closed-door policy and some members of our staff are working from home although we have been working hard to ensure that the physical location of our staff does not impact on service delivery.

In order to protect our staff, we have configured our working arrangements and some staff will remain at home during this period. Please bear with us and support all our staff who are here to continue to provide the essential legal services and support you require.

We can arrange meetings by Skype, Zoom, Facetime or conference call to ensure you get the right advice at the right time. Our reception will remain open to receive telephone calls and our staff will be on hand to support you.

We will continue to monitor the guidance from the UK and Scottish government and follow that guidance.

Meantime thank you for your understanding and stay safe at all times.

Reception Operating Hours

Monday - Friday 9am - 5pm | Closed for lunch 1pm - 2pm

Our latest guides available for download

Wed, 25 Mar 2020 10:54:52 GMT

Helping you to navigate the complete world of legal services.

Click below to download one of our useful guides:

A guide to Wills, Powers of Attorney and Guardianship

A guide to Family Business Succession

A guide to Residential Care

A guide to Buying and Selling Your Home

Libby McDowall - Conveyancing Paralegal

Tue, 24 Mar 2020 10:48:42 GMT

Like any good journey in life, planning and preparation is vital to produce the right experience, and it all started for me, at The McKinstry Company.

I joined the firm in August 2018, taking up a position as a Conveyancing Secretary. Previous to that I had 25 years of legal experience, working in a similar role for two established law practices. I saw an opportunity to join The McKinstry Company and had long admired their high profile and well-regarded services. My personal aim was to progress my legal career and as a girl in her 50s! I needed to work for an organisation that would value my years of personal and extensive experience. In the words of a past American President…Do what you can, with what you have, where you are…and these words of wisdom were to carry me through my training and studying for my Paralegal Qualification.

So the journey began, and from the outset, I was counselled and supported throughout the entry and administrative process of getting my course started, even down to applying for my study book pack, which upon arrival looked daunting.

Fortunately, I had excellent contact at Central Law Training from the University of Strathclyde and internal support from my immediate boss at The McKinstry Company.

The anticipation of getting a good mark on my current assignment helped me to stay on track and motivated. I can confess to sitting on the beachfront at BENIDORM on holiday one day and texting my tutor to see if my current assignment had been marked, such was my enthusiasm! Gradually, I progressed through the allotted modules and assignments and felt happy with my general performance on achieving some good pass marks.

Finally, it was time to approach The University of Strathclyde to enquire about the Exam diet dates. In true form, they came back to me with two options on sitting the exam and perhaps finally gaining my Conveyancing Paralegal Qualification. I was offered a Diet date at University or the option to sit the exam at The McKinstry Company under exam conditions with an invigilator from the firm. I opted for the latter and after discussions with my team leader, Kirsty McDonald, Solicitor, we set about agreeing a date and the process of getting the exam papers and an office in which I could take the exam, under supervision in a familiar environment, which was an immense help to me, right down to the 3 large signs on the door saying, DO NOT DISTURB, EXAM IN PROGRESS!

….Several weeks later my result came in as a PASS with a score of 92%…I could not have been happier and was truly humbled by the depth of affection and genuine support from everyone at The McKinstry Company.

So where are we now, I can tell you I have drunk the Champagne and have actually started work, as a Conveyancing Paralegal. WOW.

I now speak to clients on all matters conveyancing and its really great when the work is complete and clients are so pleased when they get the keys to their new home and onwards to a new journey for them. It’s very satisfying for me as part of the team at The McKinstry Company and, in the knowledge, I can make a greater contribution by developing my own skills and upholding the firm’s name, as A LAW FIRM FOR LIFE.

On a personal note, this has been a fantastic journey, as a mature student, and hope more organisations see the real benefits of turning experience into tangible benefits for both individuals and forward-thinking, modern organisations.We look forward to getting you the advice and assistance you need.

Modern Technology at The McKinstry Company

Thu, 19 Mar 2020 10:42:00 GMT

If you are looking for a law firm with a focus on client service and satisfaction, you are in the right place.

As a firm, we are committed to continually moving forward and keeping up to date with client expectations. We have built our business on ensuring our clients feel like they are receiving the highest quality service, and have a relationship with our firm. The McKinstry Company employs modern technology to improve our offering to clients, and to make their lives easier.

Online Payment Functionality

We understand that our clients lead busy lives and are not always available during business hours. As a result, we have responded to client feedback and have created online payment functionality. There is no need to come into our office to pay your legal fees; it can be done online in most circumstances, and your lawyer will discuss your payment options with you.

Customer-Centric Service

Clients choose The McKinstry Company again and again because we get to know them, their family, and their businesses. We ensure that clients can contact us whenever they need to and that we will always provide them with high-quality, practical advice.

We are dedicated to continually improving our service by adopting modern methods of communication and keeping those we work with up-to-date with any legal developments.

We ensure that our website, blog, social media channels and indeed all of our digital communications are a source of information for our clients and a wider audience. Our team understands that technology and digital trends move quickly, which is why we aim always to be one step ahead.

Contact by Email and Skype

We know that many of our clients simply don’t have the time to drop into our offices. You can get in touch with us initially by calling, emailing us or by completing our online enquiry form . The McKinstry Company is a law firm for life and has built a reputation for strong client relationships. A significant part of relationship-building is finding ways of working that suit your needs. When you engage the McKinstry Company as your legal team, we can work with you remotely, having meetings via Skype, Facetime or conference call. We devise a strategy that works for you, no matter how busy your life may be.

Contact The McKinstry Company

To start your journey with a law firm for life, contact our friendly and approachable team today. We can assist you with personal or business law matters across a broad range of practice areas.

You can call us on 01292 388048 (Ayr), 01465 915042 (Girvan) complete our online enquiry form or come into one of our local offices.

We look forward to getting you the advice and assistance you need.

We are here for you!

Tue, 17 Mar 2020 17:03:32 GMT

We are in uncharted territory in a world that is struggling to get to grips with the C orona-virus.

No-one likes change and uncertainty. In the United Kingdom, it is apparent that this will change much of our usual routines over the coming weeks – whether that is going to the pub, sending the kids to school or going to watch the football at the weekend. While we live in these uncertain times life will not, however, stop and The McKinstry Company will continue to be available to look after all your legal needs.

Where you may be concerned about being in the community, we do not require you to come to the office. We are able to offer appointments with all of our solicitors by Skype, Facetime or conference call so that you can instruct The McKinstry Company from the comfort of your home or office. Contact The McKinstry Company on 01292 388048 or by email: enquiries@mckinstry.co.uk to arrange your appointment.

We have legal teams in our offices in Ayr and Girvan who currently look after client relationships from as far North as Orkney down to the Borders in the South. The strong relationship that we build with our clients, and our smart way of working, makes distance no barrier to us looking after your legal needs.

While we work through this challenging time we will be open and available to look after you, keep in touch with The McKinstry Company - A Law Firm for Life.

Heir Hunters - Who Are They and What Should I Do If I Am Approached by One?

Tue, 18 Feb 2020 16:58:10 GMT

Advice from the McKinstry Company on what to do if you are contacted by an Heir Hunter .

In Scotland, a person will either die in testate which means they have left a valid Will detailing their testamentary wishes or intestate which means the deceased did not leave a valid Will . Before the deceased’s estate can be concluded, the automatic grant of Legal Rights must be dealt with (and Prior Rights in intestate estates). The beneficiaries to the estate must be notified of the deceased’s passing to allow them to either claim or discharge their rights to allow the estate administration to progress.

Genealogists, who are commonly referred to as “heir hunters”, will track down distant or missing family members of the deceased. An heir hunter may approach you to inform you that you are entitled to benefit from the deceased’s estate. It is likely that the heir hunter will request a percentage of the estate funds for their services. However, this may be maximum amount of information they are willing to tell you regarding the deceased and the value of their estate until you enter an agreement with them.

What to Do If You Are Approached by an Heir Hunter

It is important that if you are approached by an heir hunter that you carry out the necessary research if you choose to enter into an agreement with them. Carrying out the necessary research to ensure their information they are providing to you is accurate. Although they may not give much information away, ask as many questions as possible to get as much information from them as you can. This may help to prove whether they are genuine and whether it is worthwhile entering into an agreement with them.

Estate Administration Solicitors in Ayrshire & Dumfries and Galloway

We would recommend that if you are approached by an heir hunter and you are uncertain, seek legal advice here at The McKinstry Company and one of our experts will be able to guide you and advise on your particular circumstances further. Please contact us on 01292 388048 (Ayr), 01465 915042 (Girvan) or complete our online enquiry form .

Legal Planning for 2020

Fri, 14 Feb 2020 16:52:28 GMT

Now that the New Year is upon us, i t may be time to start thinking about some important New Year resolutions that could benefit you now and in the future, and potentially your family members too.

Your Will

We always recommend to our clients that they put a Will in place providing clear testamentary instructions regarding what they wish to happen to their assets upon their death. This allows for assets held in their name at the time of their death to pass to whom they wish to benefit from their estate.

Although this is not an easy subject for many to consider, having a valid Will is extremely helpful for your loved ones when they are grieving as it will save them time and additional expense where it could have been avoided. Without a valid Will, in Scotland your estate will be governed by the laws of Intestate succession which can result in your property passing to those who you may not want to benefit from your estate and requires an executor to your estate to be appointed by the court.

By creating a Will now, it gives you and your family peace of mind, and ensures the correct advice is sought and any issues dealt with accordingly before your passing.

Power of Attorney

Granting a Power of Attorney in favour of a loved one is just as important as having a Will. Many people do not consider the consequences of not having a Power of Attorney when they become incapacitated through illness or in some cases, an accident. We strongly recommend our clients have a Power of Attorney as it can save thousands of pounds in the future where there is no Power of Attorney in place.

By granting a Power of Attorney, you are giving your Attorney the power to either handle your welfare or financial, or both welfare and financial, affairs on your behalf when you are no longer in a position to communicate your thoughts and wishes while you are still alive. Although you can authorise your Attorney to have control over your financial affairs while you still have capacity, their power over your welfare needs, which could involve making decisions regarding medical treatment or your residency in a nursing home, only become effective once you have lost capacity.

A Power of Attorney is extremely important in situations where you may be in respite care after being admitted to hospital. Where assessments show that you do not have the capacity to discharge yourself and you do not have a Power of Attorney, your loved ones may be required to put in place a Guardianship Order to move you out of respite care. Guardianship Orders can be expensive and time consuming as they require to be lodge in Court with all that entails.

Buying or Selling your Property

Buying or selling your property can be stressful. However, whether you are thinking of selling or buying in the future, The McKinstry Company are here to guide from start to finish. At The McKinstry Company our highly experienced solicitors in both our residential and commercial conveyancing departments will be able to guide you from start to finish to ensure you have a smooth and easy transition from your old property to your new property. The McKinstry Company can offer you advice tailored specifically to your needs whether that is regarding what reports are required for a particular type of property, strategic offer submissions and settlement offers.

Contact The McKinstry Company, Ayrshire

At The McKinstry Company, we are here to make your New Year’s Resolution come true and provide exceptional advice and guidance every step of the way. Contact us by calling 01292 388048 (Ayr), 01465 915042 (Girvan), or filling out our online enquiry form .

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