Professional Services

Wills and Executries

Everyone over the age of 16 in Scotland should have a will prepared by a qualified solicitor. Most wills are straightforward and inexpensive. Without a will there are legal rules to determine the distribution of your estate that may mean it is not divided in the way that you would have chosen.

A will simplifies the administration of affairs and reduces costs for surviving husbands, wives, children and other beneficiaries.

It is important to those who are left behind after a death, family in particular, that the estate is dealt with sympathetically and efficiently.

Smail and Ewart take all necessary steps in conjunction with your executor to ingather and distribute your estate in accordance with your will or the appropriate legal rules.

Don’t hesitate to make an appointment today with one of our qualified solicitors – in most cases it’s quicker and easier than you think.

Powers of Attorney and The Elderly Client

We recommend a POA to ensure that if you are unwilling or become incapable of acting in your own affairs, both welfare and financial, then a member of your family, friend or a professional would take on that appointment to deal with your affairs on an ongoing basis.

If no POA is in place at the time of incapacity the courts can appoint a guardian to manage your affairs. This will be time consuming, costly and frustrating for your family and friends and can be avoided by simply granting a POA when you are deemed capable.

Smail and Ewart will prepare a POA on your instructions, obtain the necessary certificates and register it with the Public Guardian, giving you complete piece of mind.

Family Law

We advise clients in all areas of contentious and non-contentious family and child law.  We can provide expertise and support in negotiating Separation Agreements and divorce settlements. 

Jennifer Gallagher, based in our Lanark Office, is accredited by the Law Society of Scotland as a Family Mediator and is also a practising Collaborative Lawyer.  She is a member of the Family Law Association.

For further information about the options for resolution of matrimonial disputes offered by Smail & Ewart, please see the Family Law Services part of our site.

We conduct family actions in both the Sheriff Court and Court of Session and provide a commonsense and sensitive approach to difficult problems.

Personal Injury

We have experience and expertise in both litigating and negotiating with insurers in all types of claims including road traffic, accidents at work, tripping and slipping cases and medical negligence.

Legal Aid

The firm is registered to provide both civil and criminal Legal Assistance. You will be told at the first meeting whether you will be eligible for Legal Aid and the system will be explained to you.

Smail and Ewart have appointed Albannach, an Edinburgh based and highly respected Independent Financial Advisor to advise our clients on financial matters.

Albannach are authorised and regulated by the Financial Services Authority to offer impartial advice on a wide range of financial services including investments, pensions, tax efficient trusts and inheritance tax planning (IHT).

Smail and Ewart are able to schedule home visits from Albannach consultants at a time to suit our clients and can also make our offices available for client consultations.

A full range of services can be found at http://www.albannachfm.co.uk.