How Important is the Appointment of an Executor?

When it comes to Wills, most people are focused purely on how the estate will be distributed. Questions such as ‘have I given enough to my grandchildren?’ and ‘will my spouse be adequately provided for?’ are, obviously, very important matters to consider. However, the appointment of an Executor is just as important. Who should I […]

What is Guardianship in Scotland?

Many of you may have seen the latest headlines regarding the #FreeBritneySpears movement where her fans are concerned about her father acting as her Conservator. Conservatorship is an American legal concept whereby the court appoints a person to manage a person’s affairs if they are deemed to be incapable. The equivalent of Conservatorship in Scotland […]

Living with Dementia- Putting Your Affairs in Order

Now, possibly more than ever, it is important that those living with dementia and their families look at getting an individual’s legal affairs in order to alleviate the stresses that can arise when their condition worsens.  An individual with a dementia diagnosis can (depending on the stage of their condition) instruct a solicitor to assist […]

Impact of Covid-19 on Guardianship Applications and Renewals in Scotland

Although lockdown restrictions have eased slightly there is still a significant impact which will be felt by us all for the coming weeks and months. Where someone has been assessed as lacking capacity and has not put in place a power of attorney, an application requires to be made to the Court for a guardian […]

Dementia Awareness Week 2020

Today sees the start of Dementia Awareness week in Scotland, which would usually culminate with Alzheimer Scotland’s annual conference.  Sadly, the conference will not be taking place this year due to lockdown.  However, during this time we can all continue to show support and continue to raise awareness for those living with dementia, their carers […]

Should I Consider an Online Will?

The Covid outbreak has led us all having to adapt to different social and working practices. It has also led to many of us considering our mortality and (finally) getting round to that New Year’s resolution of getting our affairs in order. Since lockdown commenced there has certainly been an increase in enquiries about and […]

Covid-19 — Death of a loved one – Arranging a Funeral

In our first blog we advised on how to register a death. Now you (and the funeral director) have the death certificate, you can go about arranging a funeral. Funerals are continuing to take place as normally as possible and families are being encouraged not to delay funerals. The Scottish Government have provided guidance for […]

Covid-19 — Death of a Loved One – Estate Administration

You have registered the death, arranged the funeral and now it is time to look at estate administration. The current lockdown period has had a significant impact on the process of administering a deceased person’s estate. The Courts in Scotland, at the time of preparing this Blog, are not currently progressing Commissary work (estate administration). […]

Covid-19 — Death of a loved one – Estate administration — Large Estate

You have registered the death, organised the funeral and now that you have identified all of the assets your loved one had (and established whether or not they have a Will), you are ready to progress with the administration of the estate. This blog focuses on the procedure where the value of the estate is […]

Covid-19 — Death of a Loved One – Registration of Death

The death of a loved one is a difficult time for everyone. Not only are they grieving but for many they may have never had to register a death or deal with the winding up of a loved one’s estate.  It can all become quite overwhelming. The Covid-19 outbreak and lockdown of the nation has […]