It's ok, don't worry. My wife will get everything.
These words are uttered more than any other when someone dies without a Will. It is a common misconception that should you die without having made a Will that your spouse will receive your entire estate. Indeed, it doesn't matter if you have only been married for one year, ten years or thirty years, your spouse does not automatically inherit your whole estate. Surprisingly, your spouse is not the only person who can inherit your estate
The Private Housing (Tenancies) (Scotland) Act 2016 came into force on 1st December 2017. It introduced the new Private Residential Tenancy which replaced Assured and Short Assured Tenancies in Scotland from that date. Existing Assured and Short Assured tenancies will continue unaffected.
The new Private Residential Tenancy (PRT) offers significant security of tenure to tenants. The no-fault eviction basis available under the Short Assured Tenancy regime will not apply. PRTs will not have an end date and cannot be terminated at the landlord's instigation
With one in four of us likely to need care in our old age, the issue of paying for care home fees has never been more common. Exploring options to reduce capital/savings/assets has become popular, including placing property into trust. Is this an attractive way of avoiding care fees? What is deliberate deprivation of capital?
For example, take a lady who is 78 who has mobility issues and is struggling with day-to-day living. After much deliberation, it is decided that a care home is the most
Many Registered Social Landlords (RSLs) still have a number of tenants who benefit from the protection of the Fair Rent regime. They are tenants who have been with the housing association since before 2nd January 1989 and have not moved home voluntarily since 30th September 2002.
When fixing a rent for one of these houses, RSLs must be aware that their decision on the rent can be appealed to the Rent Registration Officer and thereafter to the First-tier Tribunal (Housing and Property Chamber).
Some years ago the House of Lords decided in a case Moncrieff -v- Jamieson that parking could be implied as a right running alongside a servitude right of way. Given this acceptance that parking could be an adjunct to a servitude right of way that seemed to lead on to the possibility that parking could be deemed a servitude in its own right. To legal academics this was the logical conclusion!
The majority of their Lordships when considering the facts in the Moncrieff case thought
In Scotland, if you have raised a court action against another person for recovery of a sum of money then you are known as the "Pursuer" and the person you have taken to court becomes known as the "Defender". What does the re-introduction of "Pursuers" offers in Scotland mean for settlements?
Defenders in court actions have been able to take advantage of formal offers of settlement for some time, offers known as "tenders". However, as of 3rd April 2017, Pursuers are able to make
Following the abolition of employment tribunal fees, many questions remain. We will aim to clarify the situation as it currently stands.
When Were Tribunal Fees Abolished?
They were abolished on 26 July 2017, following a ruling by the Supreme Court that they were unlawful.
I Have Already Paid Tribunal Fees- Can I Reclaim Them?
Yes.
The Government is putting in place a system to reimburse those who have had to pay employment tribunal fees in relation to their claim. The details of the scheme
Buying from a builder is appealing to home buyers for a number of reasons:
In Scotland having Japanese knotweed growing on land belonging to you is not of itself against the law. That said, there is now legislation regarding the spread of Japanese knotweed and requirements on a heritable proprietor not to allow this non-native species to spread. Penalties for ignoring such legislation are significant with fines running into thousands of pounds and with the ultimate sanction of imprisonment.
When considering the sanctions and penalties it is important to note where Japanese knotweed is growing. There is separate legislation
As reported by BBC News, Audit Scotland issued a new report on the implementation of Self Directed Support in Scotland.
Self Directed Support (SDS) has been available since 2014. It was introduced to offer people more choice on how their support is delivered and managed.
There are four options available:
Are Velux windows and skylights part of a roof? We explore the interesting case of Waelde -v- Ulloa and ask the question - what is part of a roof?
The Background
A single dwellinghouse in Edinburgh had been converted into three flats - top, middle and bottom. The skylight and velux windows which had later been introduced served only the top floor flat.
A retired senior judge in England issued a warning yesterday over the risks of granting a power of attorney via an article on the BBC news website and on BBC Radio 2.
Our advice to anyone holding a Power of Attorney in Scotland, or considering granting one. Don't panic!
The Scottish system of granting a Power of Attorney differs from England.
Most Powers of Attorney in Scotland are drafted by solicitors following specific instructions from their client, offering an additional level of protection. Solicitors
An article from The Telegraph details plans to revolutionise the "outdated" system for having a Will made and suggests allowing new ways to provide Will instructions for your death such as notes, voicemail's, emails and texts.
The current system
A valid Will is signed on all pages by the testator (the person who's Will it is) before an adult independent witness who signs on the last page only. Changes to a Will can be made by either doing a new will or something called a
In the current economic climate, Registered Social Landlords (RSLs) are looking to make savings in their procurement processes in any way that they can. Many of our RSL clients have subsidiary companies which can carry out work on their behalf and for third parties. Where an RSL and its subsidiary are members of a VAT group, significant savings may be made. So how should you contract with your subsidiary?
Although a subsidiary is a separate entity and, as such, contracts between the parent and the
There is currently no formal abandonment procedure for the Private Rented Sector under the Housing (Scotland) Act 1988 (1988 Act).
Despite the property appearing abandoned, generally private landlords have no legal right to recover the property in absence of a court order.
The Private Rented Tenancies (Scotland) Act 2016 (2016 Act) introduced a new type of tenancy called the Private Residential Tenancy (PRT). One of the benefits of the new tenancy is that abandonment by the tenant is a basis upon which the landlord can
Since 2012, landlords in Scotland have been required to lodge security deposits in one of three approved tenancy deposit schemes. Landlords should by now be well aware of their obligations to lodge deposits within 30 working days and to provide tenants with specific information relating to the tenancy and the deposit. However, our LetLaw team regularly receive queries in relation to the amount of deposit which can legally be requested from tenants. Here are some of our most frequently asked questions about tenancy deposits Scotland.
The Private Housing (Tenancies) (Scotland) Act 2016 will introduce a new tenancy regime to Scotland called the Private Residential Tenancy (PRT). This new tenancy is anticipated to take effect sometime in December 2017.
What happens to assured and short assured tenancies when the PRT takes effect?
The 2016 Act provides that a tenancy cannot be an assured or short assured tenancy if it is granted after the effective date. This means that from that date all residential tenancies let to individuals will, by default, constitute
What can landlords do if they discover their property is being used for growing or supplying illegal drugs? Will tenants be automatically be evicted for drugs convictions? Surely if the tenant is convicted a landlord can expect to receive an order from the court allowing them to evict?
However, the case of Glasgow Housing Association v Stuart shows that landlords cannot merely rely on a drugs conviction in order to evict.
If a conviction isn't enough, then what is? Recent cases we have been involved
It has now been over a year since the introduction of the Additional Dwelling Supplement which came into force on 1 April 2016.
The Additional Dwelling Supplement (ADS) is an additional amount of Land and Buildings Transaction Tax (LBTT). The current rate of ADS is 3% on the full purchase price and applies to purchases of:-
This week is dementia awareness week in Scotland, culminating on Friday with Alzheimer Scotland's flagship annual conference in Edinburgh, where T C Young will be in attendance. There has also been additional press coverage in the last few weeks from politicians as they gear up for the General Election. Rather than kissing babies, it is the older generation who are being thrust into the spotlight as the various parties deliver their strategies for dealing with an aging population.
We pride ourselves on having a number
