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But surely it’s mine? – the curious case of joint bank accounts
21st July 2022Understandably, after the death of a loved one, an early practical concern for many is how they will gain access to funds required to settle any debts and liabilities. -
‘5 things to consider before applying for a Guardianship’
28th June 2022Guardianships can be a lengthy and complex process for all of those involved. A Guardianship is needed where an Adult has been assessed as incapable and requires a parent, relative or other suitable party to apply to become their legal guardian. -
Large Estates: Smaller Than You Think?
9th June 2022When managing the affairs of someone who has died, you may be required to obtain Confirmation from the Sheriff Court in order to administer their estate. Confirmation is the legal authority by which the appointed Executors can ingather and distribute the funds in the estate in accordance with the terms of the deceased’s Will. -
Cryptocurrency
23rd May 2022If you have cryptocurrency it is important to consider what will happen to it if you die or become incapacitated, as it can be a very valuable asset in your estate. It is important that the existence of cryptocurrency in your estate is identified and dealt with as part of any discussion on Wills and succession planning in particular matters such as identification and access. -
Trustees, Trusters and Trusts- what does it all mean?
11th May 2022Where a testator (an individual preparing a Will) wishes to leave their assets to individuals on their death, they may consider setting up a trust, particularly where the beneficiary/beneficiaries are under the age of 16. In Scotland, this is the age of legal capacity and therefore the age in which an individual can inherit assets outright in their own name. -
Dealing with digital assets on death
14th April 2022We live in a digital world and this is unlikely to change. Over the past two years especially, we have relied on technology more than ever before, from ordering our food shop online to communicating with our loved ones over various video platforms. With our lives consumed by social media, it would be fair to say that the majority of us have an online profile in one way or another. However, have you ever thought about what happens to your digital assets when you die? Can they simply be dealt with in the same manner as your home or bank account, for example? -
Home is where the hard bit is: dealing with Executry properties and some things to look out for
10th March 2022A prevalent issue that I have encountered working in executries over the past 6 months is that of dealing with executry properties. It may be tempting to think that, in much the same way as other assets are dealt with, an executor can simply proceed with the sale or transfer of the house in a similar fashion to closing a bank account or selling a car. There are however some very important steps to remember when dealing with the deceased’s home. -
Have you ever wondered…………who inherits if there is no Will?
3rd March 2022In Scotland, if someone dies without a Will the laws of intestate succession will apply. The rules (called the “intestacy rules”) are set out in the Succession (Scotland) Act 1964, as amended (“the 1964 Act”), and they detail how an estate must be distributed when there is no Will. The intestacy rules are broadly split … Continue reading "Have you ever wondered…………who inherits if there is no Will?" -
‘1st Seat Trainee: Private Client edition’
14th February 2022Having joined the firm in September 2021, I can’t quite believe how quickly the first few months has passed. It was just over two years ago that I found out I had secured a traineeship at Blackadders. I was extremely happy and could not wait to get started. That feeling of excitement and nervousness of … Continue reading "‘1st Seat Trainee: Private Client edition’" -
The 5 main responsibilities of an Executor
24th January 2022An Executor is someone appointed under a Will (or by the Court if the deceased died without leaving a Will – called dying “intestate”) to ensure that the deceased’s estate is properly wound up. The role comes with a number of legal responsibilities and the Executor must ensure that they always act in the … Continue reading "The 5 main responsibilities of an Executor"