Wills & Estates
We would recommend that everyone grants a close and trusted individual, power to deal with their financial and personal affairs in the event that they are unable to do so during their lifetime.
If you were to lose mental capacity without having done so, your next of kin would have to go through a complicated, time consuming and costly court procedure to obtain authority to act on your behalf.
This can be avoided by signing a Power of Attorney whilst you are fit and well. We are able to advise on the different types of Power of Attorney which can be tailored to suit your individual needs.
For advice on Inheritance Tax Planning please contact Mr Alastair J D Hope on 01436 671221 or Email firstname.lastname@example.org
Where a one off decision is required I.e. selling property, or signing a document an Intervention Order can be sought from the Sheriff Court. Where longer term arrangements are needed a Guardianship Order may be more appropriate and this is also granted by the Sheriff Court.
A Guardian is often a member of the adults’ family or if there is no family member willing or able to be appointed a Solicitor or other individual can be considered.
Unless a valid Power of Attorney has been granted by the individual it is necessary to consider whether a Guardianship order should be sought in order to enable other members of the adults family to be appointed to take care of the adults financial welfare matters.
Our Executry Department offers an efficient and supportive executry service from the ingathering of information and assets to the distribution of the estate and ensuring that the beneficiaries receive what they are entitled to receive.