You have been appointed as a continuing (financial) attorney and now require to use your powers.   Any actions taken by you or decisions made by you should comply with the guiding principles  of the Adults with Incapacity (Scotland) Act 2000 and you should look at the Codes of Practice for Attorneys in Scotland. 

Your duties:

1. Ensure the Power of Attorney document has been registered – it requires to be registered to be invoked.
2. Capacity is decision specific. You should first ensure the granter lacks

Anyone accepting the role of an Attorney is accepting a position of trust.  You have been appointed by the granter of the Power of Attorney (POA) to effectively step in their shoes and make decisions on their behalf when they can no longer do so themselves.  If called upon to take up the role as Attorney any action or decision you take must comply with the guiding principles of the Adults with Incapacity (Scotland) Act 2000:

1. Any action must benefit the granter of the POA;

Scotland’s trust law is over 100 years old and is to be updated to bring it in line with modern practices.

The Trust and Succession (Scotland) Bill is currently working its way through the Scottish Parliament. There are 3 stages towards turning a bill into an Act:

1. Introduction – the bill is proposed and consultation takes place; Parliament then decides if the Bill is to be rejected or can proceed to stage 2.
2. Amendments – where proposed amendments are debated and provided by MSPs with

Powers of Attorney are often associated with the elderly and younger adults may ask, why would I need a Power of Attorney? Powers of Attorney are important legal documents that everyone, regardless of age, should consider putting in place now, as a safety net for the future. Unfortunately accidents or illness can occur at any age - granting a Power of Attorney ensures that someone you trust is able to manage your affairs and make important decisions about your health and wellbeing if something was

Taking effect from 16^th December 2022, the rate of Additional Dwelling Supplement (ADS) tax increased from 4% to 6%.

This is often known as “the second home tax”, where it accounts for the full purchase price of a “second home”.

Here is a brief reminder of the general rules in relation to this tax.

What is Additional Dwelling Supplement (ADS) tax and when does it apply?

Additional Dwelling Supplement (ADS) tax is an additional amount of Land and Building Transaction Tax (LBTT)

More and more individuals’ estates are being subject to an Inheritance Tax liability. In fact, HMRC figures show £6.1 billion was collected in Inheritance Tax over the last financial year - an increase of 14% from 2020/2021. So, how do you plan early to alleviate your family’s worries after you pass away?

The starting point is you being aware of your available Inheritance Tax allowances.  With rising property values this blog will focus on the availability of the Residence Nil Rate Band (RNRB).

What

Scottish Ministers have published the draft regulations which will extend the eviction moratorium in both the social and private rented sector to 30 September 2023. 

The Regulations can be found here.

https://www.legislation.gov.uk/sdsi/2023/9780111056417

Landlords remain entitled to serve notice and raise eviction proceedings. The moratorium only delays the enforcement of eviction orders granted on particular grounds. There remains a number of grounds that are exempt from the moratorium. 

Rent Cap

Further, these draft Regulations extend the rent cap in the private rented sector.  From 1 April

We are often asked by clients for advice on debt recovery. Obtaining a Payment Decree from the Court (or Order for Payment from the First-tier Tribunal Housing and Property Chamber) might be the first step. Once a Decree is granted, it is a matter for the creditor to pursue the debtor until money is actually recovered.

Earnings arrestments tend to be more successful than bank arrestments, due to uncertainty as to what funds might be in the debtor’s account on any given date.

With an

In England when an adult lacks capacity to make decisions for themselves, someone on their behalf can make an application to the Court of Protection in England, for a decision to be made about the incapable person’s welfare and/or finances.  A Deputy may then to be appointed by the Court.  The Deputy acts as the incapable adult’s decision maker. 

In certain circumstances, the Deputy may be granted powers to relocate the Adult to Scotland if they believe it is in the Adult’s best interests.

The

You’ve finally got the keys to your new home, but before you crack open the flat-pack furniture or those tins of paint, here are some tips that can save you time and money further down the line.

What does my solicitor have to do?

Your Title-

We submit the documents (namely, a Disposition and a Standard Security (if you have a mortgage)) together with appropriate application forms to Registers of Scotland to register you as the new owner.  

If title to the property is

Gifting property is one way clients may wish to consider when looking at reducing the value of their estate for inheritance tax purposes.

There are tax implications to consider and the rules vary according to each individual set of circumstances.  If a property is given away or sold at less than market value taxes will be payable provided the person receiving the property is a “connected person” (i.e. family members, family trusts).  The only way this does not apply is if the sale is at

When a Will is made, several decades may pass before it is required. In that time a number of events could take place which cause the original Will to be misplaced. Examples being the testator moving home and losing it or the solicitor who prepared it not storing it correctly. Unfortunately accidents do happen however if there is a copy of the signed Will then there is a court process that can allow the copy to be used.   

‘Proving the Tenor’

The court process

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 rights when a person dies testate (with a Will) or intestate (without a Will). A surviving spouse, civil partner and children (including adopted children) can make a claim against your

Following the first lockdown the property market in Scotland has exploded. There is such high demand for properties it’s no wonder the most recent statistics* are showing an average annual increase in value of over 11% for residential properties in Scotland.  Currently the average price of a property in Scotland is £182,755, said to be “one of the highest reported for any month since the index started in 2004.”* Whether owners had more time during lockdown to finish DIY projects, to get their property sale

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 courts can be asked to reduce (cancel) a Will.

Incapacity

A person signing a Will must be capable of understanding that Will. If they lack the capacity to do so,

Following the Grenfell disaster in 2017, the Scottish Government has introduced new rules for fire and smoke alarms in homes across Scotland. Originally intended to be introduced in February 2021, these rules are to come into force in February 2022 and will apply to every home in Scotland.

The rules

From February 2022, every home in Scotland must have:

• A smoke alarm in the living room or most commonly used room
• A smoke alarm in circulation spaces such as hallways or landings
• A heat alarm

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 strict procedures to ensure they can legally release money they hold. One important procedure for the court is that they must check there are no taxes due on the funds