News & Legal Updates

Are you considering or have you recently been appointed as a financial guardian? Do you know what is expected of you in this role? The role of a financial guardian is an onerous task with an expectation to fulfil administrative responsibilities such as completing an inventory of the adult’s estate, preparing a management plan and … Continue reading "Operating a Financial Guardianship"

There are various ways to gift that can reduce an inheritance tax (IHT) liability on death. Some are outright exemptions and others require to be claimed as part of the executry administration process. We always encourage our clients to keep accurate records of any gifting they undertake. By doing so, it will assist the administration … Continue reading "Six lesser known IHT allowances"

OK, so you have a Will? Great. When was the last time you thought about it or checked whether it still expresses your wishes accurately? If the answer is fairly recently, well done. We advise all clients to regularly review their Will. It is far too easy for clients to put a Will in place … Continue reading "I need to make change to my Will. Should I use a Codicil?"

Buying a property with your partner is a big step. While there are lots of things to think about when buying a property, you should also be aware that living with a partner or ‘cohabitant’ (the legal term) has legal consequences. Your cohabitant, in the event of a separation, has a right, in certain limited … Continue reading "4 Top Tips from a Family Lawyer When Buying a Property With Your Partner"

What is intestacy? If a person does not leave a valid Will, their estate requires to be dealt with by the intestacy rules contained in the Succession (Scotland) Act 1964, as amended (“the Act”). This sets out a fallback position, providing the order of inheritance and financial limits for surviving spouses and civil partners, children … Continue reading "Intestacy Rules: 5 things to consider when dealing with an estate where there is no valid Will"

The Covid 19 pandemic and the resulting lock down has created profound and lasting changes in the way the courts function, and the way I dress and work. We have at long last embraced the technology that is readily available and most civil cases are now being dealt with by a combination of email, written … Continue reading "Do you ever forget how to tie a half Windsor knot?"

Peace of mind insurance? Is this a new insurable risk that lawyers have found an answer to? No. But this is what a Power of Attorney could be considered to be. I often say to clients that a Power of Attorney is ‘like peace of mind insurance’ so I thought that it would be interesting … Continue reading "Blackadders, now offering peace of mind insurance…"

What are they? Legal Rights are a peculiarity of Scots Law designed to protect against the disinheritance of certain relatives regardless of what you have written in your Will. Whilst many of our clients have heard of legal rights it is fair to say that most are surprised to hear that what they have written … Continue reading "The intricacies of Legal Rights: 5 points to be mindful of"

No one likes to plan for their own death. That is why fewer than 40% of the Scottish population are believed to have a Will. If you have your own business, it may be even more tempting to put your head in the sand. However, it is dangerous to put these things off for too … Continue reading "Succession-Planning for Business Owners: 4 key questions"

The Facts Mr and Mrs Villiers married in 1994 and lived in Scotland for most of their marriage. Mrs Villiers returned to England after separation. In 2013 Mrs Villiers raised divorce proceedings in England. Those proceedings were stayed as Mr Villiers raised proceedings for divorce in Scotland. As the parties last resided together in Scotland … Continue reading "Family Law – The consequences for cross-border maintenance claims"