Most people know that there are a number of differences between the Law of England (and Wales) in comparison to the Law of Scotland. We are often asked by people who have made a Will in England and now live in Scotland; "is my English Will still valid in Scotland?" The simple answer is generally "yes". There is no reason why a Will which is valid in England will not also be valid in Scotland. However, on your death, it may need validated by a

5 Tips for a First Time Buyer

Buying your first home is an emotional experience - it can be joyous, stressful and frustrating, amongst other things. Our goal is to limit, if not eliminate, the negative emotions and make the experience something you WANT to remember. Here are a few, sometimes overlooked, tips for first time home buyers.

1. YOU are the buyer! Buying a home is a big decision and we often turn to people we trust to give us advice and input. During this

Do you know the importance of having a Will?

If not, why not? Do the reasons include:

• not knowing what a Will does
• the possible cost
• that you don't have time
• that you don't think you need one
• that you think you're too young!

Let's address these possible concerns:

Don't know what a Will actually does

A Will is a document which takes effect on your death , identifies who is to have responsibility for administering your estate (the executor ) and ensures that what

I'm perfectly capable! I can manage, don't worry. I don't need a Power of Attorney.

None of us likes to think that there will come a time when we cannot manage our own affairs. Despite reminders from our families, it is not always easy to admit that we may require a little help.

Contrary to popular belief, should you lose capacity for any reason and be unable to attend to your own affairs, your family cannot simply step in and take control for you. There

The General Data Protection Regulation (GDPR) will come into force on 25^th May 2018 replacing the Data Protection Act 1998. Every public and private organisation in the UK, including RSLs, will have to comply with the regulations which relate to how organisations process and handle personal data.

What are some of the main changes?

• Notice of purpose of processing data

There will be an emphasis on giving notice prior to collecting personal data explaining exactly what you are doing with the data you are

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 1^st 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 2^nd January 1989 and have not moved home voluntarily since 30^th 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 3^rd 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:

• Many people like the fact that they will be the first to live in the property
• Repairs and redecoration costs should be minimal for the first few years
• Buyers can often select fixtures and fittings to tailor the property finish to their taste
• New properties usually come with guarantees.
• Homeowners can enjoy lower running costs and energy bills by living in a more modern, energy efficient home
• Incentives may be available

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:

1. You receive the money to spend on support how you choose;
2. You tell the council how to spend the money;
3. You let the council decide how to spend the money; or
4. A mix of

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.

• The top floor owner carried out roof repairs and sought to claim a share of the maintenance costs from his downstairs neighbours.

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