News & Legal Updates

Confirmation is a document granted by the Court which legally “confirms” the Executors appointed in the deceased’s Will, or, if the deceased died intestate (without leaving a Will), the Executor(s) who are appointed by petition to the Court under the Laws of Intestate Succession in Scotland. In England Confirmation is called Probate...

There are a number of widely held misconceptions regarding Powers of Attorney: I don’t need a Power of Attorney; my ‘next of kin’ can deal with everything automatically; my assets aren’t worth much; they are only needed by those in the “later stages” of their lives. These statements are simply incorrect. Powers of Attorney are for everyone at every stage of their lives.

The importance of funeral instructions Whilst not the cheeriest of topics, the importance of having a conversation with loved ones about your funeral instructions cannot be underestimated.  Some of our clients include funeral wishes within their Will.  This could be as simple as expressing their wish for either burial or cremation.  Others prefer to leave … Continue reading "Funeral Arrangements: 5 points to be mindful of"

A deceased’s Will sets out how that individual wishes their estate to be passed on in their death and in what shares. At some point in your life, you may find yourself becoming a beneficiary in the Will of a friend or family member’s estate, whether it be to the extent of a cash legacy or a share of the residue. Depending on your personal circumstances, you may already be in a position where you are financially comfortable and would not greatly benefit from the inheritance; perhaps the money left for you would actually detrimentally affect your inheritance tax position in terms of your own succession planning. You may have children, grandchildren or close family/friends who you feel would better benefit from the money than you would...

The recent Rosamund Pike Netflix film ‘I Care A Lot’ and the high profile “Guardianship”/Conservatorship of Britney Spears by her father certainly raise some very worrying and concerning themes that no one would want to happen to their own personal affairs. The thought that a third-party intermediary could come in, without your control and take over either you or your loved ones’ money and assets to their own financial gain is certainly an unsettling proposition!

The COVID-19 pandemic has adversely affected many people’s income and this, in turn, can impact the level of child maintenance a parent is due to pay or receive. Child maintenance is normally paid by either private arrangement (normally by a written or verbal agreement) or by way of a Child Maintenance Service (CMS) assessment.

Trusts are a very common vehicle to protect assets for other people, such as young people or those with additional support needs. Anyone with legal capacity can act as a trustee. However, before you take on this role, it is important to be aware of your responsibilities, to ensure that you are well equipped to fulfil the role before you agree to act.

The first thing that may come to mind when thinking of an asset may be a property, bank account or perhaps even your car. However, for Executors dealing with the administration of an estate, an ‘asset’ may have a much wider meaning and it is important that Executors be mindful of this to ensure that all of a deceased’s assets are administered correctly.

Last week, the press was full of news on Prince Harry. One of the more unusual stories included a court case in India. On 8th April 2021, the High Court of Punjab and Haryana at Chandigarh, issued a decision in the case of Palwinder Kaur v Prince Harry Middleton and others CRWP-3347-2021.

In this short series, we want to highlight the changes made by the Children (Scotland) Act 2020 and the likely effects. This blog will focus on the views of the child. The 2020 Act gives children and young people more opportunity to give their views in any s.11 action brought before a court. An s.11 … Continue reading "Changes made by the Children (Scotland) Act 2020: Part 1 – The Views of the Child"