When a loved one dies it is essential that you get good, clear, accurate advice on what to do next. We can help when someone dies in Scotland.
The death of a loved one is a difficult and stressful time. It is essential that if you are dealing with the affairs of someone who has died, that you get good clear accurate advice on what to do next. Our Executry (Probate) Solicitors in Scotland can help.
The aim of our Solicitors is to take some of the burden from you and to offer support and guidance at what can be a sad and difficult time.
Most people need help through the process and our Solicitors can take you through every step. You will not be left to do this on your own.
Knowing how hard it is to make your way through the process when someone dies in Scotland, and at such an upsetting time, here are the key issues:-
- A medical certificate needs to be obtained and the funeral organised.
- The next of kin requires to establish if there is a Will since the Will appoints someone who will deal with matters from now on. This is the person named as Executor. Often the next of kin knows whether there is a Will or not and also, the same person is appointed to make the arrangements.
- After the funeral has been arranged, the property of the person who has died requires to be dealt with. In Scotland, an Executor must be appointed before they can take over the administration of the estate of someone who has died. This appointment can be made in the deceased’s Will or by the Court. The Executor can be a family member or a Solicitor. If the Executor is not a Solicitor, they would normally instruct a Solicitor to assist in the collecting together of the assets of the person who has died.
Our Solicitors understand that this is a difficult and stressful time and that the process should be handled as swiftly as is possible. At Raeside Chisholm we offer a wide range of Executry (Probate) services which are efficient and we understand that one of the main priorities of the relatives of someone who has died, will be to seek closure. In order for this to happen, certain steps must be carried out under Scots Law. One of the most important steps is to obtain Confirmation, the Scottish equivalent of Probate. This document or Confirmation is important as it shows to third parties that the person named in it is entitled to deal lawfully with the property of the person who has died.
Our Solicitors can quickly and effectively help you administer the affairs of someone who has died.
Executry (Probate) Services With or Without A Will
Whether or not there is a Will we can assist you every step of the way; liaising with executors under the will (if there is a will), arranging the funeral, identifying assets, dealing with the court procedures, realising the assets and advising on distribution.
Our aim is to take some of the burden from you and offer support and guidance at what can be a sad and difficult time.
Based in Glasgow, Scotland, we help people across Scotland with executries (probate), including people from the following Scottish towns and cities:- Motherwell, Dumbarton, Paisley, Cumbernauld, Clydebank, Falkirk, Greenock, East Kilbride, Stirling, Glasgow (inc Bearsden, Milngavie and across the West End, Newton Mearns, Clarkston & across the South Side),, Hamilton, Alloa and Ayr (and other towns in Ayrshire).
Contact our Executry (Probate) Solicitor in Glasgow, Alison Chisholm
To speak to one of the best Executry solicitors in Glasgow, call us on 0141 248 3456 or complete our online enquiry form for friendly, sympathetic advice.
As a Nation we are living longer and this brings with it an increasing need to anticipate and plan for the effects of old age.
However, we don't just recommend Powers of Attorney to our elderly clients, we recommend them to all of our clients, whatever their age. Put simply, you never know what might be right around the corner.
Power of Attorney Solicitors Glasgow, Scotland
A Power of Attorney is like an insurance policy; you hope it will never be needed but if it is it will make your life and the lives of your loved ones much easier and less expensive than it would be otherwise.
Read on for more information or call our specialist solicitors in Glasgow, Scotland, on 0141 248 3456.
Why bother with a Power of Attorney?
At any time of life circumstances can arise that make it impossible for you to deal with your own legal or personal affairs. It is not only the increasingly common diagnosis of dementia that you have to be wary of but also the risk of stroke or being hit by a car and ending up in hospital long term, perhaps even in a coma.
You want to be sure that in any such circumstances your affairs will be looked after by someone you know and trust, not someone appointed by a court.
A Power of Attorney in the UK is a document that gives authority to such a person to deal with your affairs.
A Power of Attorney has to be signed before it is needed because by the time it is needed it is too late to grant it.
You can read more about the importance of having a Power of Attorney by clicking here.
Types of Power of Attorney in Scotland
There are four types of power of attorney in Scotland:
- A simple power of attorney
- A continuing power of attorney
- A welfare power of attorney
- A combined continuing and welfare power of attorney
We can draft and implement any of these types of power of attorney for you.
Granting a Power of Attorney in Scotland
Granting a Power of Attorney in Scotland does not preclude you from doing things yourself. As long as you are legally capable of dealing with your own affairs you can continue to do so. Most people grant the Power of Attorney with a condition that it will not be effective until a doctor certifies that they are unable to deal with their own affairs. Your wishes with regard to your personal welfare, can never be overridden by your Attorney.
Appoint someone you trust absolutely. This would usually be a member or members of your family or it could be a solicitor. The advantage of the appointment of a solicitor in respect of financial affairs is that he or she will have an office administration behind them together with the experience and knowledge to deal efficiently with the administration. Fees will of course be charged for their services. For Powers of Attorney dealing with your welfare we feel that these should be granted to either members of family or very close friends. Rarely, where no one else is available, we could undertake this but we would want to discuss your own wishes for the future so that we can implement them as closely as possible.
Remember Powers of Attorney can be cancelled or changed as long as you have the capacity to do so. As long as you are legally capable of making decisions you can cancel a Power of Attorney and grant a new one, if appropriate.
The important thing to remember is that the appointments do not come into force until you want them to or until you are unable to make decisions for yourself.
So making a Power of Attorney now can be seen as an insurance policy against someone you would prefer not to be involved being appointed by a court to take charge of your affairs and the not inconsiderable costs that would arise from that.
Based in Glasgow, Scotland, we help people across Scotland to implement a Power of Attorney, including people from the following Scottish towns and cities:- Bearsden, Milngavie, Clarkston, Newton Mearns, Clydebank, Cumbernauld, Alloa, Hamilton, Dumbarton, Greenock, Paisley, East Kilbride, Stirling, Motherwell, Falkirk, Glasgow and Ayr (and other towns in Ayrshire).
Contact our Expert Power of Attorney Solicitor in Glasgow, Scotland, Alison Chisholm
Please contact us now on 0141 248 3456 or complete our online enquiry form to arrange an appointment to have a Power of Attorney drawn up by our expert solicitors or to discuss any questions you may have before going ahead.
Whatever your thoughts on Inheritance Tax (IHT) it is sensible to know what the effect of this tax will be on your estate and whether there are any steps, simple or complex, that can be taken to mitigate it. Our solicitors can help you with inheritance tax planning. While we do not advise on how to avoid inheritance tax rules and regulations, we can help you to minimise your inheritance tax liability.
What is Inheritance Tax?
Inheritance Tax is payable on the value of a person’s estate on the date they die and/or on certain gifts made during their lifetime. At the present time, the rate of inheritance tax payable is 40%.
Inheritance Tax is slightly different from other taxes in that with a bit of forward planning, many people will certainly manage to reduce, and in some cases, completely avoid, any liability to inheritance tax. Exemptions and reliefs can be constructively used to minimise liability.
IHT Planning Solicitors Ayrshire, Glasgow, Scotland - Clear & Comprehensive Advice
At Raeside Chisholm we can provide clear and comprehensive advice on how best to manage your financial affairs. Working in conjunction with a range of specialists, the inheritance tax planning service is tailored to your individual financial situation. There are a variety of things that you may wish to consider to minimise your inheritance tax. The first thing is a properly written Will which is a basic part of effective tax planning and could reduce the amount of inheritance tax you pay. Everyone should have a Will detailing what will happen to their assets in the event of their death.
We will work with you to ensure the best possible solution. Our Solicitors will look at what measures can be taken during your lifetime to minimise your liability to taxation.
Each person has a unique set of family and personal circumstances and we would always remind clients that the decision about gifting assets or changing your Will should never be made solely for tax reasons.
Our team gives practical, tailored advice for your personal needs and circumstances.
For more information or advice on tax inheritance planning, please contact one of our team.
Organising your estate or “estate planning” is what people do to minimise or remove any liability such as tax that may be due on their estate when they die, particularly when some or all of the estate has been identified as being passed on to other members of their family. One of the most effective ways of reducing or limiting your liability for inheritance tax is to reduce the value of your estate before it needs to be valued, that is, when you are no longer alive. There are different ways that you can easily reduce the value of your property. These include:-
- Using tax allowances
- Creating a Trust or
- Making a gift
A professionally drafted Scottish Will containing a suitable trust is vital to help you mitigate any potential inheritance tax you may be faced with and more and more people face such a bill for the reasons previously stated.It is important that you receive proper advice and guidance in relation to your Will and estate planning to ensure that the assets and property which you have achieved through a lifetime of hard work go to people to whom you would wish to benefit from them.
Drawing up a Will also ensures that you take advantage of all exemptions and relief available to you to avoid paying IHT. It is also important to keep your Will updated as your life changes.
IHT Planning Solicitors - Get expert advice on how best to arrange your affairs inc property
Our solicitors can help you understand the legal rules that apply to you regarding inheritance tax in Scotland and can advise on how best to arrange your affairs, including assets such as property, with Inheritance Tax in mind. Ensuring that inheritance tax concerns are provided for in wills is particularly important.
Based in Glasgow, Scotland, we help people across Scotland with their inheritance tax planning, including people from the following Scottish towns and cities:-
Greenock, Dumbarton, Cumbernauld, Stirling, Paisley, Hamilton, Motherwell, East Kilbride, Glasgow (inc Bearsden, Milngavie and across the West End, Newton Mearns, Clarkston & across the South Side), Alloa, Falkirk, Ayr (and other towns in Ayrshire), and Clydebank.
Contact our Inheritance Tax Planning Solicitor in Glasgow, Alison Chisholm
To find out how our lawyers can help you with inheritance tax planning or to arrange an initial consultation with one of our solicitors, please complete our online enquiry form or contact us on 0141 248 3456.
Making a Will is one of the most important things you can do; after all you want to ensure that when you have gone your assets pass to the right people.
Wills Solicitors in Glasgow, Scotland
If there is no Will then the law dictates where your assets go and that is not always where you would expect!
Our wills solicitors are based in Glasgow, Scotland, and have the knowledge and expertise to guide you through the Will making process to ensure that your wishes are fulfilled.
Please see the detailed sections below for more information or call one of our specialist Will solicitors on 0141 248 3456 for a chat.
Why Make A Will
Making a will is one of the most important things we can do - after all it determines how our most personal possessions and hard-earned savings will be shared among close family and friends.
It is often a simple and inexpensive process. But failure to make a will can pose major difficulties for those left behind, for instance, by paying more tax than necessary. Your estate - money, other assets and possessions - could be distributed according to the law rather than your wishes. It is particularly important to leave instructions if you own property.
The contents of a will
It is advisable to consult a solicitor before deciding what to put in your will. A will can cover a range of issues, including:
- who should inherit your property, money, other assets and possessions
- how your children should be cared for
- who should be responsible for looking after your estate (the executors)
- special arrangements for your funeral
- and charitable donations you would like to make
How a solicitor can help with your will and estate
Will drafting is often straightforward but some involve complicated arrangements and financial affairs, such as inheritance tax - all the more reason to ensure they are drawn up by a qualified solicitor. Even if your will is simple and you want to write it yourself, it is advisable to consult a solicitor to avoid pitfalls and ensure all the legal formalities have been followed correctly, otherwise it may be invalid. DIY and internet wills are available but there are obvious risks where no personal advice is given.
Helping with arrangements Your solicitor can help your family or executors contact undertakers and arrange for the death the death to be registered.
Acting as an executor
Executors are responsible for dealing with assets of the estate. Family members are usually named as executors but where there are none, or where you feel they may need guidance, a solicitor can be named instead or as well.
Going to court in the absence of a will
If there is no will, it may be necessary to apply to the sheriff court to appoint an executor. A solicitor will have to prepare the forms for the court to appoint the executor. In most cases an insurance, called a Bond of Caution will be required. This can be expensive and the insurers may insist on legal assistance being sought.
Changing a will
Changes can easily be made to wills - a solicitor will ensure they are legally binding. We recommend that they are looked at every four years to ensure they keep up to date with your circumstances.
Keeping a will safe
It is important to keep your will safe. If your solicitor has drawn up the will, he or she will usually keep the original and send you a copy.
Age Scotland
We are very pleased to announce that Raeside Chisholm have adopted Age Scotland as our Charity of the year.
Will Aid
Raeside Chisholm is showing it cares by participating in Will Aid during November. Read our blog post for more information.
Local Solicitors Scotland
Based in Glasgow, Scotland, we help people across Scotland to make their will including people from the following Scottish towns and cities:- East Kilbride, Motherwell, Ayr (and other towns in Ayrshire), Greenock, Alloa, Dumbarton, Glasgow, Clydebank, Paisley, Stirling, Cumbernauld, Hamilton and Falkirk.
Contact our Wills Solicitor in Glasgow, Alison Chisholm
To find out how our wills solicitors can help you make your will or to arrange an initial consultation with one of our solicitors, please complete our online enquiry form or contact us on 0141 248 3456.
Gave us exactly the help we needed - L K
