159 Commercial Street
Lerwick, Shetland
ZE1 0EX

Property Services

Michael Inkster & Co. is an established provider of all types of legal services. Please click on one of the links below to find out more information.

Wills & Estates

Wills

Irrespective of the value of your estate it is extremely important that you should consider leaving a Will to cover the eventuality of your death. This is a relatively straightforward procedure although if you do not leave a Will then your estate may pass to a person or persons who you do not necessarily wish to benefit. Also, if no Will is left then a formal Petition must be presented to the court to have an executor appointed. Don't continue to put it off - make that appointment now!

We charge 60 plus VAT for a straightforward Will and for two "mirror" Wills a total fee of 100 plus VAT. Most Wills are straightforward and will qualify for these fixed charges, although if your circumstances are more complicated then we will advise you as to the likely additional costs (if any) in advance.

We will help with any queries and once your draft Will has been approved the original can either be sent out for signing and witnessing or this can be attended to in our offices, whatever is most convenient to you. Your Will can also be held for safekeeping free of charge.

To make that appointment today contact Michael Inkster who will be happy to offer the necessary assistance and advice.

Estates/Executries

When someone dies and leaves assets which have to be dealt with either in terms of their Will or under the rules of intestate succession (where there is no Will) the Executor will normally employ the services of a Solicitor to act as his agent to deal with the administration formalities of the estate. Handing over the paperwork to a Solicitor who is experienced in this field of work can greatly relieve the stress of dealing with complicated practical matters at a difficult time. Consideration may have to be given to Inheritance Tax, children's legal rights, dealing with heritable property or any continuing business, etc. A document known as Confirmation has to be obtained from the Sheriff Court before the estate can be dealt with.

We deal with all aspects of the administration of a deceased person's estate to include the initial meeting when full instructions are taken, the investigations to ascertain the extent of the estate, the ingathering of the estate, the settling of any Inheritance Tax, the payment of funeral expenses and other debts through to the distribution of the balance of the estate to the beneficiaries.

We appreciate that this can be a difficult time for relatives and friends and we hope at all times to offer a caring and personal service.

For advice on any aspect of executry work please contact Michael Inkster who will be happy to offer the necessary assistance and advice.
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Companies and Partnerships

When venturing into a new business it is first of all important to give consideration as to whether you will be operating as a sole trader, partnership or limited company. Financial and other considerations must be taken into account when reaching a decision and we advise on all aspects of business start-ups.

If the preferred vehicle for your business is a limited company then this can be arranged through our Company Formation Agents in Edinburgh for a modest cost to include the completion of all relevant forms, lodging them on your behalf and ensuring that the Company Kit and other relevant documentation is passed to you/the Company Secretary, as appropriate. The procedure is relatively straightforward and takes approximately 1-2 weeks to complete from start to finish. It is appropriate first of all to choose a company name and this can be checked online to ensure that it doesn't conflict with an existing company name. You will also need to decide who the directors and secretary are to be and the allocation of shares will also require to be addressed. If required, we can act as Company Secretary and the full range of services can be obtained on request.

Alternatively, if a partnership is the preferred option then we can prepare a Partnership Agreement on your behalf to regulate profit share, disputes, taxation and other issues.

As a sole trader it will not be necessary to have any formal documentation prepared before trading commences although we do offer advice for sole traders where required.

No matter what kind of business you are in you may require advice on a variety of different topics including the negotiation and preparation of contracts, employment contracts for your staff, the purchase and leasing of premises and obtaining liquor and any other necessary licences. For further information on any of these matters please contact Michael Inkster who will be happy to offer the necessary assistance and advice.
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Separation and Divorce

If you have the misfortune of experiencing the painful and emotional process of separation and/or divorce then it is important to get professional advice on your legal rights at the earliest opportunity. Decisions will require to be made regarding the sharing of property and other financial aspects of the separation. If there are children involved then arrangements for their care will have to be made as well.

Fortunately, in many cases, the above aspects can be agreed amicably although it is normally advisable, even where matters are not contentious, for a formal Minute of Agreement/Separation Agreement to be entered into between the parties and signed by them reflecting the terms of the agreement reached. This ensures that the basis of the agreement is clearly set out in a written document and binds both parties to that agreement.

We can also advise on all aspects of divorce including possible grounds for a divorce action to be raised. In many cases, a divorce can be granted where the parties have been separated for at least two years, although both parties require to be in agreement. If one of the parties isn't in agreement then a divorce (based on the grounds of separation for the requisite period) can only be granted where the parties have been separated for at least five years. The other grounds for divorce are unreasonable behaviour, adultery and desertion.

For advice on any aspect of separation or divorce please contact Michael Inkster who will be happy to offer the necessary assistance and advice.
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Personal Injury Claims

If you have suffered an injury and if someone else was at fault or was negligent then you may have a claim against them. In practice, that claim is often dealt with by the insurer of the person at fault. It is important to ensure that you get advice on potential claims at the earliest opportunity since there are strict time limits which apply. These vary depending on the circumstances.

We offer advice on assessing the level of your claim, negotiating your claim and, where necessary, raising court proceedings where matters cannot be otherwise agreed.

For advice on personal injury cases please contact Michael Inkster who will be happy to offer the necessary assistance and advice.
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Liquor Licensing

Any business selling alcohol requires a licence to do so under the Licensing (Scotland) Act 1976. The type of licence required depends upon the nature of the business in question. It is important to ensure that the appropriate type of licence is obtained and that the relevant application is submitted to the Licensing Board within the applicable time limits. Extensions to the so called "permitted hours" may also be required in some cases, either temporary or regular, and again formal applications require to be submitted to the Licensing Board for all such extensions. We offer a full service on all aspects of liquor licensing to proprietors of all licensed premises.

For advice on any matter concerning licensing please contact Michael Inkster who will be happy to offer the necessary assistance and advice.
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Crofting

Much of the land in Shetland is situated on registered croft land and it is therefore important to check, when buying land or other property, that the site has, where appropriate, been removed from crofting controls. Generally speaking there are two procedures by which this can be effected, either by decrofting or resumption. The applicable procedure will depend upon the circumstances of each case and the time scales vary depending upon the procedure adopted.

Where land or property is being acquired for non-croft purposes then it will generally be a condition of any offer of finance that it is decrofted or resumed (as the case may be). It is therefore important to get advice on the crofting law issues which may arise at the earliest opportunity so that the necessary application to decroft or resume the land in question is submitted well in advance of the proposed transfer date or date of entry.

We also offer advice to crofters on all aspects of crofting law to include decrofting, resumption, assignation, sub-letting, apportionments, clawback, etc.

For advice on any aspect of crofting law please contact Michael Inkster who will be happy to offer the necessary assistance and advice.


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