Personal Law

by Kilpatrick+Walker, Ayrshire's Legal Experts

Our Partners are experienced, compassionate and approachable, making you feel comfortable at every stage of the process and at every stage of life.

Buying or Selling a House

K+W represent a wide range of clients in the property market, from first time buyers to experienced property developers. We give our clients straight-forward advice when buying or selling a property and our Partner’s local knowledge and expertise can help you avoid the pit-falls of the conveyancing process.

We assist clients with all stages of the purchase process from noting interest, to concluding the contract, checking the title, and, getting you the keys to your new home. We can also help with the sale process, from negotiating the missive, transferring the title to the new purchaser, and, redeeming any loan secured against the property.

Moving home, or adding to your investment portfolio, can be particularly stressful and so we know how important it is to have a Solicitor that you can trust acting on your behalf. Your transaction will be handled by one of our Partners, giving you the peace of mind that your move is our highest priority.

Re-mortgaging

Re-mortgaging is the process of switching what you owe against your property to a new mortgage product, typically with another lender. Our Partners can assist in making sure this process is simple, by liaising with your existing lender to arrange delivery of the title deeds, carefully drawing up your security papers and arranging for the necessary reports to be carried out against your property.

We also work closely with your Financial Advisor and go through your new loan offer with you carefully, to make sure you understand its terms and comply with special conditions, before arranging for your new loan funds to arrive and re-paying your existing borrowings. We can even arrange for the left over equity in your property to be sent directly to your bank account.

Transferring Title

There are many situations where you would need or want to transfer the title to your home, and our Partners regularly advise clients in these circumstances.

In difficult times, where a spouse is leaving home or a couple separating, we provide compassionate advice and work closely with your Family Lawyer to make sure the title is transferred at the right time, and, in happier times we can help when a couple or new spouses decide the time is right to move in together.

We assist with elderly people planning for their potential care requirements by helping to make sure the title to their property is passed on to their children and, importantly, retaining a right for the elderly client to live in the property for as long as they want or are able to.

Transferring title to a property need not be complicated.

Wills

Regardless of your personal situation, making a Will is one of the most important things you can do. A Will ensures that when you pass away, your belongings are shared in accordance with what you would have wanted and your wishes are respected.

Everyone should have an up to date Will, but it is even more important if you have children, you own a business or property, or, you have some savings or investments.

We regularly advise clients on the important decisions when making a Will, such as the Executors who are appointed to administer the estate, the guardians who are named to look after children, and, how best to leave specific gifts to your families or charities.

Our Partners have vast experience in making sure that your Will is tailored to suit your own individual circumstances, however complex or straightforward you think that may be.

Executries

The loss of a loved one is an extremely difficult and emotional time. At K+W we understand the need for grieving clients who have suffered a loss to be treated respectfully and with compassion. It is how we would expect to be treated.

Our Partners are experienced Executry practitioners, who regularly advise on the winding up of Estates. We deal with all aspects, whether your loved one left a will, or, passed away without having any will in place. From the initial meeting to go over your loved ones details and collate their assets, to the preparation of an inventory of the estate, and, eventually, the paying out of beneficiaries, we will keep you regularly updated and informed of progress

We are also experienced in dealing with inheritance tax and liaise with accountants to ensure that our estates are wound up a tax efficient manner.

Estates, particularly complicated ones, can often take a period of months to complete, however our Partners will work to ensure that the winding up of the estate happens as promptly and efficiently as possible.

Power of Attorney

At K+W we believe that everyone should consider granting a Power of Attorney, which is a written document naming the person, or people, whom you would want to make decisions on your behalf, if you ever became unable to do so.

A Continuing Power of Attorney includes the power to make decisions about money or property, and, a Welfare Attorney includes powers relating to personal health and welfare. We provide advice on which type of Power of Attorney would be best suited to you needs and this is usually one which combines both Continuing and Welfare powers. We can also help you decide on whether you should have the same Attorney for each set of powers.

A Power of Attorney can only be granted whilst you have capacity to understand the powers you are granting, before signing the deed and it is a clear and cost-effective method of ensuring that you’ve put arrangements in place to allow your loved ones to act on your behalf, if you become unable to do so.

Guardianship Orders

A Guardianship Order is a Court appointment, which allows a person to act on behalf of an adult with incapacity.  An adult with incapacity is a person over the age of 16 who is not able to look after their own affairs.

An application for a Guardianship Order must be appropriate and beneficial to the adult, and, it is important to obtain legal advice on this. Our Partners are experienced in ensuring that the powers requested from the Court are sufficient to allow you to look after the adult’s affairs, and, they regularly include power to deal with property, financial affairs and personal welfare.

The process of being appointed Guardian can be difficult and sometimes feels intrusive. The Court has to give consideration to the adult’s condition and circumstances and, in order to do this, certain reports have to be carried out into the adult’s home life and welfare. Our Partners are respectful of your individual circumstances and aim to make the process as discreet as possible, keeping you regularly updated along the way.