The Government has recently legislated to ensure that if a furloughed employee was made redundant, certain statutory payments would be calculated with reference to the employee's normal pay and not with reference to their reduced furlough pay.

The government suggested that throughout the pandemic it had urged businesses to do the right thing and calculate payments for employees being made redundant with reference to their normal pay, rather than their reduced furlough pay. While the majority of businesses had done so, the government was aware

As the Scottish Housing Market is set to re-open, guidance has been issued by the Scottish Government to ensure that this process is as safe as possible.  Whilst the requirement to maintain social distancing, regular hand washing, and the recommendation to wear a mask are still in effect, the following practical advice for the Social Rented Sector has been set out:

House Viewings

Before arranging any viewings, the RSL must determine if any members of the household are either shielding, or displaying symptoms of COVID-19

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 them in putting their affairs in order whether this be in the preparation of a Power of Attorney or a Will.  The lockdown has not resulted in solicitors being unable

The Law in Scotland says that if anyone has to make a decision about a child involved in a separation or divorce, account must be taken of the child’s views, if the child wishes to express them.  

We usually think of this as a child being asked where, or with which parent, they want to live.    That can place a huge burden on a child.    There are lots of other things that children want their parents to know. Here are some of the things that

You can get divorced in Scotland if your marriage has broken down irretrievably and that can be for one of four reasons:-

• Your husband or wife has committed adultery
• Your spouse’s behaviour towards you has been unreasonable
• You have been separated for more than one year and your spouse consents to divorce
• You have been separated for more than two years (no consent from your spouse is required)

Adultery

If your husband or wife has committed adultery you can raise a divorce action immediately. However,

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 to be appointed where someone requires to have legal authority for decision making in respect of the incapax adult’s health, welfare, finances and/or property. This was brought into effect some

On 26 May 2020 the Coronavirus (Scotland) (No.2) Act was given Royal Assent.

In our previous blog we discussed the emergency and temporary legislative changes to residential tenancy law made by the Coronavirus (Scotland) Act 2020 in response to the coronavirus outbreak. 

This new Act seeks to implement further emergency measures.

What does the Act do?

• Introduces pre-action requirements
• Early termination of student tenancies
• Creates a new Council Tax exemption

Pre-action requirements in the Private Rented Sector

The Act introduces the concept of pre-action requirements

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 and families. 

Now, possibly more than ever, it is important that those living with dementia and their families know that getting an individual’s legal affairs in order can alleviate the

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 people preparing or updating their wills. Preparing a will, as many of us know, allows you to decide what happens to your money, property and possessions after your death. So

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 over £36,000.

You need to now progress with obtaining Confirmation (known as Probate in England & Wales). As detailed in our earlier Blog this is the legal document that gives

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). They are, however, looking at how to restart Commissary business soon via remote working. However, even once the Courts have finalised appropriate procedures to restart this business, there will inevitably

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 funeral services during the pandemic and funeral directors are being asked to ensure that social distancing is adhered to.

Some helpful tips:

• If the deceased had a funeral plan, contact

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 brought a whole new level of uncertainty. A short series of blogs will follow providing guidance from registering a death, dealing with the funeral arrangements and winding up an estate.

Keeping the bond between a parent and a child intact is often treated as a given. There can however be circumstances in which the State, in the form of the Local Authority, might seek to interfere with that. Where a child could be removed from the family home, the correct legal advice is crucial.

An individual with parental rights for a child has the right to decide where the child lives. The mother has parental rights, and fathers named on the child’s birth certificate from

As we have entered into a further period of at least 3 weeks ‘lockdown’ with the continued restrictions in place requiring everyone to ‘stay at home’, it can be a frightening time for anyone who is suffering domestic abuse.

If you are experiencing physical, emotional, sexual or financial abuse or being intimidated or threatened by a current or previous partner, you are being subjected to domestic abuse.

The Chief Executive of Scottish Women’s Aid, Dr Marsha Scott, when discussing the impact of the current pandemic

With the current Covid 19 situation and imposed ‘lockdown’, we are experiencing uncertain and challenging times. Normal routines have been severely impacted. Children are being home schooled and are missing out on extra circular activities, and visiting friends and family. Maintaining a level of consistency is key, but it can be very daunting to try to keep to prior agreed arrangements for children when other factors come into play.

It is natural for a parent to be concerned how best to safeguard and protect their

Following our previous update, yesterday (15 April 2020), HMRC has issued a further update to its employer and employee guidance on the Job Retention Scheme (the Scheme). We now have the following recommendations:

1. The eligibility date, being the date when the employee has to have been on the employer's payroll to qualify for the Scheme, has changed from 28 February to 19 March 2020. This means that a large number of employees who started employment after the 28th February will now qualify for the Scheme

With the latest Government guidance sending the message of ‘staying at home’ in a bid to fight the virus, for many the danger is not only what is outside. The Office for National Statistics reported that 1.6 million women and 786,000 men were the victims of domestic abuse in the year ending March 2019. It is anticipated that figure will rise as the COVID-19 situation continues.

Domestic abuse is not always physical. Abuse can be psychological (including threatening and coercive behaviour), emotional, financial or sexual.

We will donate 10% of the fee to local foodbanks.

Ensuring you have a Will in place not only means that you can decide who you wish to inherit your estate, but it also provides peace of mind and comfort for both you and your family, knowing that your affairs are in order.

The current Coronavirus pandemic has brought into sharp focus the importance of providing for our families should the worst happen. Just because you cannot meet face to face with a solicitor at

The Coronavirus (Scotland) Act 2020 has now come into force. This Act proposes significant temporary changes to residential tenancy law in the private and social rented sectors.

What are the changes?

Private Residential Tenancies

-    Increased Notice Periods
The Act increases the notice period for the Private Residential Tenancy. The current notice period is either 28 or 84 days depending on either the duration of the tenant’s occupation or the ground relied upon.

The Act extends the notice period to 6 months for all grounds