Lifting the Ban on Evictions in Scotland
Since December 2020, the enforcement of eviction orders has been prohibited unless the order is based on the tenant’s antisocial behaviour or criminal activity. The ban applies in all areas which are within Tier 3 and Tier 4 of the Scottish “lockdown” levels. The majority of mainland Scotland moved to Tier 2 on 17 May […]
Tenancy Deposit Scheme Reminder
It’s rarely in the best interests of a landlord/tenant relationship to have to move a disagreement over deposits to court proceedings. In some instances though, it is an inevitable result of a landlord not adhering to the Tenancy Deposit Schemes (Scotland) Regulations 2011. Between December 2017 and June 2019, there were over 200 cases where the […]
I’m Appointed As An Executor – What Are My Responsibilities?
Choosing who you wish to implement the terms of your Will can be a difficult decision. After all, this is the person you will trust to ensure that your estate is administered according to your wishes. An executor is a person who is appointed by someone who is making a Will (also known as the […]
Managing Someone Else’s Finances
When you, or someone close to you, has been diagnosed with a deteriorating health condition thinking about day-to-day practicalities can be difficult, for example managing finances. To allow someone to manage your day-to-day banking (but not open or close accounts or apply for overdraft) can be arranged by means of a Third Party Mandate. The […]
The Importance of Wills and Power of Attorney Deeds – Now and the Future
There are three questions we are asked most often by clients or potential clients regarding Wills and Power of Attorney deeds: 1. What is the difference between them/do I really need both? Power of Attorney A Power of Attorney deed is a document which allows person(s) nominated by you to be your Attorney(s) to assist […]
Gifting Your Property to Avoid Care Costs
Many families wish to ensure that their family are provided for in the future. They have worked hard to be able to own their property and do not want their estate to be exhausted by paying care costs. Beware – there are many things to consider before taking such steps. 1. Should you require a […]
Legal Rights in Scotland
Did you know that the law in Scotland provides that you cannot entirely disinherit your spouse, civil partner or child even if you do not include them in your Will? This is because we have what are known as legal rights. What are legal rights? Under Scots law, certain family members are entitled to legal […]
Can I Challenge a Will in Court in Scotland?
Quite often family members can be left disappointed with the terms of a Will. They may feel they have been unfairly left out of the Will or that the deceased wishes are not correctly set out in the will perhaps even because of the influence of someone else. There are certain circumstances in which the […]
What is a Liferent?
Dependent upon your family circumstances, it may be sensible to consider including a liferent provision in your Will. However, what is a liferent exactly and how may it benefit you? What is a liferent? A liferent can be used where you wish your spouse, for instance, to benefit from the income from your assets or […]
What is a Clearance Certificate and Why Does the Court Need it for Me to Get My Money?
You may be excused for thinking that if a public body was holding money on your behalf that they would hand it over without any hassle. Unfortunately, when it comes to the Scottish Courts and Tribunals Service, it is not as straightforward as many would hope. The court, as a public body, have to follow […]
