News & Legal Updates

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"

Since the outbreak of COVID-19, everyone has had to adapt and so it is not surprising that guardianship application practices have also had to evolve to take account of the widespread restrictions. During the first national lockdown, our Courts closed and guardianship applications ground to a sudden halt. To ensure vulnerable adults wouldn’t be left … Continue reading "Updated Guardianship Practices During COVID-19: The Way Forward?"

Heritable property is, more often than not, the biggest asset in an estate. When dealing with the administration of an estate, we are required to check the deceased’s title deeds to determine how title to their property is held.  If someone owns heritable property on their own, the matter is straightforward and the property falls … Continue reading "Joint title to heritable property – implications for estate administration"

The Practical Implications of “DIY Wills” from an Executry Perspective What is a “DIY Will”? A “DIY Will” may be something as simple as a handwritten note, or perhaps you have thought about buying an “off the shelf” pre-prepared DIY Will kit which provides a Will template of sorts. What creates a valid Will in … Continue reading "The Practical Implications of “DIY Wills” from an Executry Perspective"

The Office of National Statistics figures suggests approximately 60% of the UK population lived within a couple in 2019. Although the majority of these couples were married or in civil partnerships, around one in five were cohabiting and this figure is increasing each year.  It is therefore not surprising that many of our estate administration … Continue reading "Cohabitants: Claim on Estate"

2021 brings a new year of opportunity and a chance to reflect back on what a challenging year we have all faced in 2020. The uncertainty, the current impact on our health and care services as well as the impact on families across the world will be long remembered and felt going into the future. … Continue reading "Protecting Your Future in 2021: Wills and Powers of Attorney – Part 3"

2021 brings a new year of opportunity and a chance to reflect back on what a challenging year we have all faced in 2020. The uncertainty, the current impact on our health and care services as well as the impact on families across the world will be long remembered and felt going into the future. … Continue reading "Protecting Your Future in 2021: Wills and Powers of Attorney – Part 2"