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Failsafe Beneficiary - Future Proofing Your Will

Failsafe Beneficiary - Future Proofing Your Will

We're all going on a summer holiday!

It's that time of year again. Sun, sea and sand... it's holiday time.

Multi-generational travel has increased markedly over the past few years. No longer is it simply mum, dad and the children jetting off abroad, it is now mum, dad, the grandparents, the grandchildren etc. Whilst family time on those long summer days is on everyone's mind, it is also important to consider what if something happened to all of us? Do I need a failsafe beneficiary?

New Fire and Carbon Monoxide Detection Loan Scheme for RSLs

New Fire and Carbon Monoxide Detection Loan Scheme for RSLs

From 1 February 2021 Registered Social Landlords (RSLs) will need to ensure that the fire and carbon monoxide detection systems in their residential properties meet the new 'tolerable standard'. The Scottish Government has introduced a loan scheme in order to assist RSLs implement the changes that may be required. For a further explanation of the new 'tolerable standard' please see our previous blog post.

The loan scheme is called: The Fire and Carbon Monoxide Detection Loan Scheme. Through this scheme, RSLs will be able

To Cremate or Compost? - Your Will and Funeral Instructions

To Cremate or Compost? - Your Will and Funeral Instructions

Deciding upon what you wish to happen to your body when you die is never an easy thought. What would your family want? Should you be buried? But along with that can often come additional expenditure on top of funeral costs, including purchasing a lair etc. Or should you be cremated and have your ashes scattered in that special place?

Well, now there may be no need to decide between the two if the latest decision emerging from Washington, USA is anything to go by.

Freedom of Information: New Guidance Published for RSLs and their Subsidiaries

Freedom of Information: New Guidance Published for RSLs and their Subsidiaries

The Scottish Information Commissioner (SIC) has recently published two sets of guidance on Freedom of Information (FOI), Registered Social Landlords (RSLs) and the terms of the Order which brings RSLs under the FOI regime.

The guidance relates to:

RSLs should read the new guidance on Freedom of Information and be aware of the following key points:

  • There will be a two-part test for determining

Property Factors Should We Register?

Property Factors Should We Register?

The Property Factors Scotland Act 2011 required all property factors to register on the newly formed Register of Property Factors. Failure to register is a criminal offence punishable by a fine or even imprisonment! Given the sanctions which exist it is important to be clear who is under an obligation to register. This is still proving a challenge for some entities providing property management services to residential schemes.

The legislation provides a definition of a property factor i.e. a person who, in the course of

The Importance of Reviewing Your Will

The Importance of Reviewing Your Will

If you have a Will in place, it is important to review this on a regular basis to ensure it is up to date with your personal and financial circumstances.

People often think of reviewing matters such as the amount of money to be left to nieces or nephews or who should, in fact, inherit the family heirlooms. However, most don't think to review who they have appointed as their Executor in their Will. So why is this important?

What is an Executor?

An

Brain Injury Awareness Week

Brain Injury Awareness Week

Brain Injury Awareness Week 2019 is here - #ActionForBrainInjuryWeek #ABIWeek, culminating with #HatsForHeadway on Friday 24th May.

As is often the case, family members can face numerous difficulties as the result of a loved one succumbing to a brain injury - if they no longer have capacity to make decisions for themselves and if the family is not aware of what steps they need to take. Difficulties can arise in relation to medical or financial decisions that need to be made and no-one having

What Does Freedom of Information Mean for RSL Procurement?

What Does Freedom of Information Mean for RSL Procurement?

Office equipment; repair services; boilers; stationary and much more are bought by Registered Social Landlords (RSLs) as a matter of course.

Sometimes it's simple for an RSL to buy things, other times it's more complex and subject to public procurement law. No matter what, information about what they are buying will be given to the RSL by the supplier.

Come 11 November 2019 this information will be covered by Freedom of Information (FOI). This will impact not only RSLs, but the people and companies that

Tribunal to Decide if Veganism Should Receive Legal Protection

Tribunal to Decide if Veganism Should Receive Legal Protection

It is fairly well known that the Equality Act 2010 affords protection against discrimination, harassment and victimisation on the basis of religion (or religious beliefs).

Perhaps less well known is that it can also provide protection in relation to certain philosophical beliefs.

To be protected such philosophical beliefs must be more than an opinion or viewpoint - it must be a genuinely held belief in relation to weighty and substantial part of human life and behaviour. It must also be serious and important, and have

Dying Matters Awareness Week

Dying Matters Awareness Week

No-one likes to contemplate their own death or think of the death of a loved one. It is however an important topic of conversation to have with your family and friends and is encouraged as part of the Dying Matters Awareness Week. Doing this at an early stage allows you to have an unpressured conversation at a time that suits you and not at a time of ill health or crisis.

Conversations of this nature are a prompt to discuss your affairs and the

What are the Duties of a Financial Guardian?

What are the Duties of a Financial Guardian?

Once appointed by the Court to act as Financial Guardian there are certain administrative responsibilities which you will have to fulfill, these are detailed below. By taking on this role you are accepting this responsibility and it is therefore important that you consider if you have the time and ability to carry out the duties of a Financial Guardian.

Caution (pronounced Kay-shun)

The Sheriff may order that you obtain a Bond of Caution (usually within 4 weeks of your date of appointment). A Bond of

When is a 'holiday let' not a 'holiday let'?

When is a 'holiday let' not a 'holiday let'?

Holiday lettings sit outwith the standard regulatory framework of the private rented sector. A holiday let is excluded from constituting a Private Residential Tenancy.  So when is a 'holiday let' not a 'holiday let'?

There is no requirement for such landlords to register or pay over a deposit to a Tenancy Deposit Scheme. Furthermore, the Repairing Standard does not apply to holiday lets of less than 31 days.

The Scottish Courts considered holiday lets in the case of St. Andrews Forest Lodges Ltd. v Jeremy

Gifting Your Property to Avoid Care Costs?

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 gifting your property to avoid care costs.

  1. Should you require a move to residential care accommodation the local authority can look at assets you had previously, the time of gifting and the reasons for gifting. There is the potential

Care Home Fees - Deferred Payment Schemes

Care Home Fees - Deferred Payment Schemes

Since 2002 deferred payment schemes have been available for care home residents however, many are unaware of their availability.

Care home residents who have insufficient income and capital (excluding the value of their property) to meet care home fees may enter into an agreement with their local authority to defer payment of part of their contribution towards care costs. They can settle these sums with the local authority at a later date when their home is eventually sold. A deferred payment agreement is an agreement

The Search For A Trainee - A View from the Other Side

The Search For A Trainee - A View from the Other Side

Trainee recruitment is a part of my job I really enjoy. I love meeting new people and trying to find someone that I think will bring an extra dimension, while assessing whether they will work well alongside the existing team.

Our latest search for a trainee produced nearly 100 applicants. But of that 100, how do we whittle them down?

First of all we decide what our key criteria will be. That will vary each year depending on the priorities we place on certain skills,

Scotland Introduces Free Personal Care For Under-65s

Scotland Introduces Free Personal Care For Under-65s

In September 2001, the Scottish Government introduced legislation to provide free personal care for those who were assessed as requiring it and were over 65. 'Personal care' means care which relates to day to day tasks and the needs of the person cared for (for example, washing, eating etc.).

1st April 2019 sees the introduction of 'Frank's Law', which will broaden the availability of free personal care to those under 65. This means that those living with early onset dementia, Parkinson's Disease,

Annual Gas Safety Checks - Are You Still Paying Too Much?

Annual Gas Safety Checks - Are You Still Paying Too Much?

The Gas Safety (Installation and Use)(Amendment) Regulation 2018 came in to force on 6 April 2018. A year on, it is worth reminding landlords of its terms. This amendment addressed the often unnecessary and unintended financial burden of over-compliance with the 12 month gas safety check.

Instead of having to begin the process early, in anticipation of access problems, landlords were given more flexibility in meeting the requirements of the legislation. An MOT style system was introduced which allowed landlords to carry out their

Wills and Powers of Attorney - Do You Have Your Affairs in Order?

Wills and Powers of Attorney - Do You Have Your Affairs in Order?

It's Lent - the Christian period of time for reflection and preparation before the celebrations of Easter. With that in mind, what better time than to focus your mind on your affairs and having everything in order so that you and your family have a secure and comfortable future. This can be sorted with both a Will and Power of Attorney.

Your Will

Your Will is probably one of the most important documents that you can make. It is vital if you wish to protect

Arrangements After Death - The Importance of Preparing a Will

Arrangements After Death - The Importance of Preparing a Will

No one likes to contemplate their own death or the death of a loved one. The importance of preparing a will is often overlooked or postponed or those who do have wills overlook the importance of reviewing their wills.

In preparing a will you provide written instructions on how your estate should be distributed on death and who should do so. Often the Executor will be the person who will make funeral arrangements. This need not be the case. Should you wish, you can make

Changing Your Name on Title Deeds After Gender Reassignment

Changing Your Name on Title Deeds After Gender Reassignment

If you have undergone gender reassignment surgery, you will be dealing with an overwhelming number of changes and will be starting to create your new identity. To make things easier, the Registers of Scotland (ROS) will change your title deeds to reflect your new identity. They will not only change your name as owner, they will also change your name as borrower in respect of any securities registered over your title. Please note however you will also have to inform your security lender of the