PRIVATE CLIENT DEPARTMENT

Our Private Client Department is staffed by Eric James Barton (Partner), Theresa Beattie (Solicitor) and Angela Boardman (Paralegal), who between them have extensive experience in dealing with a wide range of private client matters.

We can provide advice and assistance on a broad range of issue including:

• Wills
• Executries and estate administration
• Trusts
• Powers of Attorney, Guardianships and Intervention Orders
• Securing assets for the elderly

Wills

Making a Will is simple, inexpensive and is also one of the most important things you can do to make provision for your loved ones. Failure to make a Will can lead to various complications and disputes amongst your loved ones as well as additional legal procedures. Our basic packages begin at £125 plus Vat for an individual and £200 plus Vat for a couple. We can also offer the service of a home visit.

Executries and Estate Administration

Dealing with the loss of a loved one is extremely difficult and such can make the estate affairs and paperwork overwhelming. We can assist you in dealing with the estate administration and can deal directly with the various companies in relation to the estate assets and liabilities. We deal with all executries sympathetically, professionally and efficiently and will keep you informed of progress throughout.

We also offer advice and assistance to beneficiaries in making legal rights claims on estate. In Scotland you cannot exclude your spouse or children from your moveable (monetary) part of your estate.

Trusts

We offer advice and assistance in setting up trusts, whether it be for tax planning reasons or assets being held for vulnerable or younger beneficiaries.

We also offer advice and assistance to those who wish to protect their homes against care home fees.

Powers of Attorney, Guardianships and Intervention Orders

There are two types of Powers of Attorney:

1. Continuing – this covers all financial affairs in respect of you;
2. Welfare – this deals with all the personal decisions and contains powers affecting your wellbeing and health.

You can instruct us to draft either of the above or a Combined Continuing and Welfare Attorney which deals with powers in relation to your financial affairs and welfare decisions. A Power of Attorney can be drafted to have effect immediately upon Registration, which allows your appointed attorney(s) to act immediately or the second option being that it is postponed and will only come into effect when you have lost the capacity to make decisions on your own behalf. In the event of loss of capacity a medical certificate is required to prove such and this must be registered with the Office of the Public Guardian. Drafting a Power of attorney is a quick and simple procedure and can be instructed at any age as this is used more than often as a preventative measure.

In the event that a person has no legal capacity and there is no Power of Attorney the options available are either Guardianships or Intervention Order. A Guardianship order must be necessary in every case and must be the least restrictive option available. Guardianships can include welfare or financial powers or both. An Intervention Order is used for a one off event for example the signing of a tenancy agreement on behalf of the incapacitated adult to enter into new living accommodation. Both Guardianships and Intervention Orders involve a more timely procedure and the decision of granting such an Order is made by the Sheriff from the local Sheriff Court. If there is a welfare element involved in Guardianship or Intervention Orders then you may be entitled to Legal Aid from the Scottish Legal Aid Board.

We can assist by discussing the various options available to you and find the best solution to meet the individual needs of the Adult involved.