Welcome to Deeside Law
Legal Services
Deeside Law is a firm of solicitors based in Aboyne specialising in private client and offers the legal services below
Wills & Advance Directives
If you die in Scotland without leaving a Will, your estate will be distributed in accordance with the rules of intestacy which may differ to your personal preference. It may also make matters more complicated and costly for your loved ones at a time when they are grieving. For these reasons we strongly advise you, whatever your age, to make a Will.
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Upon taking your instructions we will prepare the will, tailoring it to your specific requirements, and send you a draft for approval. After making any amendments, we will attend you upon the signing and witnessing of the Will (or if not feasible, advise you of the legal requirements). We will then provide you with a copy and lodge the original in our strongroom for safe keeping.
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For a straightforward Will our costs start at £325 plus VAT. More complex wills, creating trusts or dealing with cross boarder issues, will be charged on a time basis.
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We also prepare Advance Directives (Living Wills) for those who would like to give specific directions to their next of kin or health care professionals concerning their medical treatment in the event that they lose the capacity or ability to make their own wishes known. Our costs for preparing an Advance Directive start from £150 plus VAT.
Powers of Attorney
We strongly advise you to make a power of attorney appointing those you trust to make decisions for you should you become incapacitated.
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There are two types of powers of attorney, one that deals with your health and welfare, and one that deals with your property and financial affairs. You can make a combined power of attorney, or one or the other.
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Upon taking your instructions we will prepare a draft and send it to you for your approval. Once you are happy with the document, we will attend you upon the signing of the same and then send the necessary document to your attorneys for them to sign. The documents are then registered with the Office of Public Guardian.
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Once registered, the document will be stored in our strongroom until such time as you lose capacity or wish to bring it in to operation. We will not release the document without your prior consent or a doctors medical certificate. The document can be revoked at a later date if your circumstances change or you change your mind.
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Our costs for a power of attorney are currently £275 plus VAT and disbursements.
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Should a loved one lose the capacity to make decisions without appointing an attorney, we can also help you to apply to the Court to be appointed as a Guardian.
Estate Administration
We will guide you through the administration process, help you to gather all the necessary information and prepare and submit the application for Confirmation to the Sheriff Court.
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If in taxable range, we will prepare and submit the inheritance tax account and arrange for the payment of inheritance tax. If an intestate estate, we will make any prior petitions to the court to appoint executors and arrange for a bond of caution.
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We will assist you in realising the assets, arrange the settlement of any debts and liabilities and the payment of any legacies. At the end of the administration period, we will prepare the estate accounts and distribute the estate to the beneficiaries.
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We provide advice on the impact of legal rights where appropriate and can prepare the necessary calculations and documents.
In addition, we can prepare any deeds of variation for those looking to redirect their inheritance. This may be to reduce the size of their own estate or for other reasons.
Our costs vary depending on the size and nature of the estate and are assessed on a time basis. Please contact us for further information and for a copy of our bereavement guide.
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Trusts
There are two main types of trust - a will trust, created upon death, or a lifetime trust, created during your lifetime.
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Will trusts and lifetime trusts can be structured in one of two ways:
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fixed interest trust, where the first beneficiary has an absolute right to stay in the house and/or receive the income from any trust investments commonly referred to as a life interest or life rent; or
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discretionary trust, where the trustees have discretion how to benefit the potential beneficiaries.
The tax treatment varies depending on the type of trust and when it is created.
Will trusts giving the surviving spouse a life interest or life rent are frequently used where people have children from a previous marriage. Typically, the surviving spouse retains a right to live in the house, or a house purchased in substitution, and may benefit from the income from any investments, or any subsequent proceeds of sale, but the capital of the trust fund is essentially protected so that the children cannot be disinherited.
Asset Protection
With care homes fees costing an average of £1,200 per week, and nursing care £1,400 per week, it is not surprising that one of the most common questions we are asked is “how can I protect my house from care home fees?”
The bottom line is that there is no simple solution. If you transfer your home to your children outright, you no longer have control over it and whilst your children may have your best interests at heart, they may predecease you, divorce or be declared bankrupt .
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Unfortunately there are a lot of unregulated ‘advisors’ selling lifetime property trusts as a solution but, as with outright gifts, the local authority can still treat these as a ‘deliberate deprivation’. Contrary to popular belief there is no fixed period for guaranteeing your property is safe from home fees. The 7-year rule often referred relates only to potentially exempt transfers for inheritance tax purposes, the local authority can, and probably will, look back much further.
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You should be vary wary of any unqualified and unregulated ‘advisors’ promising you a miracle fix as there is a good chance it will not achieve the objective and it will leave you thousands of pounds out of pocket. Trusts are complex and the arrangement may result in adverse tax consequence so, like all aspects of estate planning, your best option is to consult a qualified and regulated solicitor who can advise you of the options, the pros and cons of each and help you to make an informed decision.
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Notarial Services
One of the traditional functions of the Notary Public in Scotland is the acting where the legal validity of a document requires the administration of an Oath or the receipt of an Affidavit or solemn affirmation.
Also documents for use in foreign jurisdictions often require execution or certification before a Notary.
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A Notary is also able to sign documents on behalf of persons who are blind or unable to write under the Requirements of Writing (Scotland) Act 1995.
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Our fees for this service start at £50 plus VAT but will depend on the nature of document/s.
If you would like to email us a copy of the relevant documentation, we will get back to you with a tailored quote.