Wills and Executry Estates

We know that it is not easy to think about what will happen to your family and loved ones once you are gone but taking the time to make a Will can help to avoid them experiencing additional heartache and anxiety. If you die without making a Will then you will have no say in who inherits your estate. The law of intestate succession will dictate how your estate is distributed and this may well be contrary to your wishes. Dying without leaving a Will can also lead to additional costs and delay in administration of your estate. We can assist you in planning for the future. Whether you need the peace of mind of knowing your family will be provided for after your death under the terms of your Will, you require tax planning advice to reduce the possible tax burden in the event of your death, or would like advice on Trusts (for example in relation to children or vulnerable adults), then we can help.

Executry Administration (Probate)

If you have been left to deal with the estate of someone who passed away because you are the executor appointed in the Will, or a close family member has died without making a Will, our private client department can provide you with advice on all the complex matters which can arise at this difficult time. This can include identifying and valuing the estate, dealing with the question of Inheritance Tax, applying to the court for Confirmation of the Executor’s appointment (known as Probate in England) and distributing the estate to the beneficiaries.

Powers of Attorney

Although it is not a pleasant situation to plan for, it is important to consider what would happen in the event of you becoming incapable of making important decisions. As the life expectancy of the population increases so has the incidence of physical infirmity and mental incapacity. Appointing someone now to be your Attorney under a Power of Attorney in relation to your “continuing” (property and financial affairs) or personal welfare issues, can ensure that it will be dealt with by people you know and trust.

Guardianship

Perhaps you need support in dealing with the property and financial affairs or personal welfare of someone who is now incapable of making decisions for themselves. If that person has not previously granted a Power of Attorney then an Intervention Order or Guardianship Order may have to be sought from the Sheriff Court. Whatever your own personal circumstances, our private client department will provide you with advice you can rely upon.

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With our legal expertise combined with our experience and commercial awareness at McCluskey Browne you will find legal advice and services on which you can trust and rely. Please dont hesitate to get in touch.