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Conveyancing

Arnold Thomson has a small but dedicated team in its residential conveyancing department, whose aim is to offer a personal service tailored as far as possible to your specific requirements. We recognize that all property transactions can be highly stressful events in a client's life, and work with you and other parties (estate agents, lenders and other lawyers) in an effort to minimize unnecessary conflicts or delays and to ensure that the transaction moves forward at a realistic pace for your needs. In addition, we aim to ensure that all information is provided in a clear and easily understandable format, with full transparency on important issues including the costs involved.

Following Government legislation, the conveyancing process has undergone significant changes. We have updated our procedures to take account of those changes, and are fully able to assist clients and their selling agents in the production of Home Information Packs (HIPs), whether a full pack is required or merely the legal components of a pack.

Tax and Trusts

In its simplest form, a trust is an instruction to someone else to hold your property for the benefit of a third party. This can be made subject to conditions or more detailed instructions as to who is to benefit. The person holding your property - the "trustee" - might even be given the right to decide who is to benefit, choosing from a group of people you have described.

Trusts can be as flexible as you wish, and are often set up in a will to benefit a young person who may not have not proved that he or she can responsibly manage a large sum of money. In certain cases the law insists that a trust is established, for example if funds have to be held for someone who is mentally incapable of looking after his or her own affairs.

There can be tax advantages with some forms of trust - although there are also disadvantages. It is sometimes possible to reduce the potential burden of inheritance tax through the use of a trust, although the law is constantly evolving on this topic. Great care needs to be taken, especially when contemplating any tax planning with the family home.

Tax is becoming ever more complex and it is more important than ever that proper advice is taken before making any major commitments or decisions.

Wills

A large majority of people do not have wills and this factor combined with the increase in the value of peoples houses and general wealth, can create problems for spouses and beneficiaries - by leaving a will which is both flexible and as tax effective as possible in terms of inheritance tax, the person leaving the will can hope to protect his or her spouse and other family members from the uncertainty of the intestacy rules which apply where no will is left.

The process of leaving a will is generally quite straightforward, but careful thought is required in terms of assessing the estate of the person leaving the will and the possible repercussions for those left behind - this process has to be dealt with care and expertise which the firm can offer.

Administration of Estates/Probate

The period after a death can be very stressful for the family and friends of the person who has died. The legal formalities can be especially daunting, in particular the need to obtain either a grant of probate, where a will has been left, or letters of administration where no will has been left. These steps must be taken in order to pass the assets left by the deceased to the person who are entitled under the will or the rules of distribution on intestacy if there had been no valid will.

The procedures that have to be undertaken in order to comply with the legal requirements can be complex; this is even more so should it become necessary to deal with the capital taxes office about inheritance tax issues, which will depend on the value of the estate.

We have the experience and expertise to make the process as straightforward as possible, and to provide a personal and cost-effective service to all those who are involved.

Enduring Powers of Attorney/Living Wills

With life expectancy increasing for the majority of people, and as a result infirmity and age related illness becoming more of an issue, it is becoming increasingly important that you have appropriate mechanisms in place allowing trusted individuals or family members to operate and deal not only with your financial affairs but also with your general wellbeing in the event of serious ill health. The firm can provide advice in this area to include how one can approach the possibility of nursing home fees and planning generally for the future, combining this with sensible and practical will planning.

Dispute Resolution/Litigation

Our dispute resolution department is able to offer invaluable experience and expertise in not only traditional court proceedings but also in other forms of dispute resolution including mediation and arbitration which have shown themselves to be effective both in terms of cost and speed. Our aim is to guide both private individuals and corporate clients through what has the potential to be a stressful time with the minimum of fuss and total efficiency.

Particular areas of expertise include agricultural holdings and succession issues, Landlord & Tenant Act 1954 tenancies, residential tenancy disputes, residential possession claims, undue influence (Wright v Hodgkinson [2004] EWHC 3091 (Ch)), boundary disputes, advertising hoardings and adverse possession.