We are based in Tillicoultry and we have extensive experience of domestic, residential and commercial conveyancing throughout the Stirlingshire & Clackmannanshire areas.
watersrule solicitors was founded in June 1997 by Steven Waters and Stephen Rule, who both pursued their legal education at the University of Dundee and subsequently honed their skills in Glasgow. Since its inception, the firm has been committed to delivering high-quality legal general practice services, while fostering a welcoming atmosphere reminiscent of a "personal family solicitor." This commitment is bolstered by modern computer technology and a team of experienced, qualified staff, ensuring the provision of professional services at a reasonable cost.
The firm's philosophy revolves around offering a more client-friendly experience compared to the traditional legal practice approach. This strategy aims to put clients at ease during potentially stressful and pivotal moments in their lives.
Adding to the firm's narrative, Grant Storrar joined watersrule solicitors in 2015, bringing with him a rich educational background from Stirling and Strathclyde Universities. His dedication and expertise led to his assumption as Director in July 2022, marking a significant milestone in his career and the firm's evolution. Moreover, 2023 saw the retirement of Steven Waters, one of the founding partners, signalling the end of an era and the beginning of a new chapter for the firm.
Our solicitors in Tillicoultry are highly regarded for the quality of their Wills legal advice, and all related issues. We can also assist with powers of attorney. If you require assistance in winding up an estate, we can help.
There is no debating the importance of a will. The legal document allows an individual to decide what will happen with their estate upon death. Dying without a will could mean that your wishes are not adhered to, with certain friends and loved ones unable to benefit from your estate.
This article will clear up some frequently asked questions regarding the formation of a will and the necessity of professional legal advice within the process. For guidance tailored to your circumstances, contact watersrule solicitors now.
It is possible to write your own will, however, the risk of making a mistake heavily outweighs the cost of seeking professional advice. While there is nothing illegal about writing your own will, a ‘DIY will’ may not meet the legal requirements. Should this happen, your will could be considered invalid and the intestacy rules could apply.
A badly drafted will is likely to contain simple errors - such as failing to mention all property owned or what should happen if a beneficiary predeceases you - that could otherwise be avoided with the help and expertise of a wills solicitor. Even the smallest oversight in the document can lead to complex legal issues or court proceedings that could reduce the value of your overall estate.
Private client solicitors provide legal advice to individuals and families on a number of different matters such as wills, executries, Power of Attorney, and so on. Instructing the help of a private client lawyer gives you access to well rounded and precise guidance about writing your will and managing your estate.
While it is not necessary for a solicitor to witness the signing of your will, it’s important to know the benefits of doing so. If the validity of your will is ever questioned, your witness could be asked to testify about the circumstances in which the will was signed. In such cases, having a credible person as your witness could prove beneficial.
For the will itself to be legally binding in Scotland, you will need to sign the will on each page and also have one independent witness. It’s worth noting that there are certain people who ought not to witness your will, including beneficiaries to the will as well as your spouse or civil partner.
A solicitor can and should advise you as to what should be included in your will. Fundamentally, the solicitor should explain every option you could take with regards to writing your will and put your interests at the forefront of any decision making. A specialist wills lawyer can ensure you make the most effective choices for your circumstances. Instructing the help of a solicitor will allow you to move forward with confidence.
If you have instructed the help of a lawyer to draft your will, they will almost always keep the original copy at their premises and provide you with a copy. This is advisable as solicitors are well regulated and have procedures in place should the will get damaged.
You should always clarify with your chosen solicitor about this, as there will most likely be a fee for storing the will. If the will is being stored with a solicitor but they did not write it, there may be further costs. Will-writing providers outside of the legal profession may also offer storage services, however, this is likely to be less regulated than an independent solicitor.
Alternatively, you could store the original copy yourself at home. If doing so, make sure you tell your executor exactly where it is so they know when they are required to distribute your estate. Nevertheless, storing the will at home presents risks such as it being accidentally damaged or thrown away.
If you are looking to write a will and would like the help of a specialist team, contact us now. At watersrule, we can provide legal guidance and advice on all matters related to will-writing, updating your will, and many other estate administration services.
Speak with our approachable wills and executry team today on our Switch Board 01786 235 235, and Tillicoultry 01259 753 330, or fill in our online enquiry form and we will get back to you without delay.
Dealing with a loved one’s death is extremely difficult, especially when you are responsible for winding up their estate. In this article, we look at the steps you need to take to ensure the executry process is handled properly in Scotland. For more information or to speak to a member of our friendly private client team, click here.
When a person dies, you must register the death within eight days via the Registrar of Births, Deaths and Marriages. Ideally, as soon and as close to the day of death as possible. The death can be registered by a number of people, including a family member of the deceased or the executor of the estate.
If the death happened in Scotland, then it must be registered in Scotland - even if the deceased’s usual residence was outside of the country. The death must also be registered otherwise the funeral cannot take place.
When a person dies, you should check whether they made a will. A will states what happens to the deceased's estate, money and property when they pass away. It may also confirm whether or not the person wishes to be involved in organ donation, whether they want to be cremated, and the type of funeral they want.
If the will cannot be found in your loved one's home and you know one existed, call their solicitor as they should have a copy. If no will is found, relatives will need to be traced so that executors can be appointed. In such circumstances where no will or relatives are found, the deceased's estate falls to the Crown.
An executor represents the deceased and pays off any debts and taxes from their estate. The estate is then distributed among the beneficiaries (those that inherit money, possessions or property based on wishes stated within the will). Executors are typically named in someone's will but, if no executor is available or the deceased died without a will, an 'executor dative' will be appointed.
Executors are responsible for paying any inheritance tax (IHT). The executor must first create an inventory of all the deceased’s assets to determine whether IHT is payable. If the total value of the deceased’s estate does not exceed the current nil rate band (£325,000), then IHT is not typically required to be paid.
For those estates valued over £325,000, any assets above the nil rate band will be taxed at 40%. There are certain exceptions to this rule, including if the estate is passed to a spouse or civil partner, which is why legal advice is always recommended.
Property and assets of the deceased are distributed according to their wishes, although any debts must be settled out of the estate before this can occur. An executor must allow six months for creditors (for example, utilities and mortgage companies) to make claims for debts before they distribute the estate.
If you have found your dream home but are unsure where to start with selling your current property, watersrule solicitors can help. From getting your property valued to accepting an offer, our property lawyers can support you at every stage of the conveyancing process.
Here, we look at some of the crucial steps to successfully selling a residential property in Scotland. For personalised advice from our experienced property law team, get in touch by calling 01259 753 330 (Tillicoultry) 01786 235 235 (), or complete the online enquiry form and we will give you a callback without delay.
One of the first pieces of information you need to sell your home is to find out how much your property is worth. A property valuer will look at various aspects of your home (such as the design and any unique features), however, the valuation will not be solely based on the property’s interior. Factors that could impact the valuation may also include the location of your home as well as the current market and demand.
The Home Report will bring further clarity to the value of your property. This information pack includes a Single Survey, an Energy Report and a Property Questionnaire of your home - all of which will provide prospective buyers with the details they need to make an informed decision on what kind of offer they believe would be acceptable.
Once you have all the information you need about the property’s value, it is now time to decide how you want to advertise your house. In Scotland, there are three main pricing systems for selling your home: ‘fixed price’, ‘offers over’ and ‘offers around’. It’s important that you understand what each of these terms mean as it will affect how your property is sold.
If you choose to advertise as ‘offers over’, you will sell to the buyer with the highest offer, whereas a property marketed as ‘fixed price’ will go to the first buyer willing to pay the requested amount. ‘Offers around’ is a midway point between the other systems, allowing the seller to put down an estimated price while giving them the flexibility to go to a closing date if need be. Speaking to a specialist property lawyer with local expertise is highly recommended to ensure your property is placed on the market correctly.
First impressions are vital in a house viewing so consider all possible requests that a viewer may ask, for example, wanting to see inside any cupboards and garages.
You may choose to show prospective buyers the property yourself or you may look to ask an agent instead. If you choose to do so yourself, you should ensure you have thoroughly prepared for questions regarding council tax and bill suppliers etc. It’s also important to listen to any viewer's concerns about the house and whether it would be in your best interest to address any of them before selling.
Following the viewings, an interested buyer can make a note of interest on your property. This will be passed onto your selling agent along with any other offers.
Choosing which offer is right for you can be difficult, but your conveyancing lawyer is there to guide you through this decision. It’s worth noting that the highest offer may not always be the best option for your circumstances. For example, one buyer may be offering less but has a later move in date that works better with your timescales for moving into your new home.
The buyer’s and seller’s solicitors will negotiate all conditions of the sale in writing, known as the missives. When the missives are agreed, both parties are legally bound to the sale of the property and cannot back out without financial implications.
The date of entry is the day in which you hand over the keys in exchange for the balance of the property purchase from the buyers. This may have already been agreed or suggested at the point of making an offer. A document will also be drawn up that transfers legal ownership from you to the new buyers (known as the disposition). At this stage, your property is officially sold.
At watersrule solicitors, we understand how stressful it can be to sell your home. If you are not getting the viewings or offers that you had originally envisaged, it can become extremely disheartening to continue on the conveyancing process. Our highly experienced team of property solicitors in and Tillicoultry can give you the expert advice and local knowledge you need to ensure your house is sold swiftly, allowing you to focus on your next move.
Call for a free, initial consultationon 01786 235 235, and in Tillicoultry on 01259 753 330, or contact us through our online form.
For further information on our legal services, please fill out our enquiry form here. Contact us today at our Dedicated Switchboard on 01786 235 235 or at our Tillicoultry office on 01259 753 330 to speak to expert property solicitors.