Around 70% of us die intestate in Scotland, i.e. without a valid Will. Yet the consequences of doing so can be expensive, and can mean that loved ones do not inherit as the deceased might have intended. We are often asked what to do when there is no will.
Unless there is a valid Will in place clearly signed and dated, expressing the deceased's wishes, then the estate would be wound up as intestate and certain rules then apply.
How do you check if there
Mid market rent (MMR) is aimed at providing people on modest incomes with an opportunity to access rented accommodation - does mid market rent for housing associations work? Due to the Scottish Governments consultation outlined further on, more and more housing associations are considering mid market rent tenure in addition to the current options they provide to social tenants on lower incomes.
Grants to support the provision of mid market rent units are currently only available to non-charitable subsidiaries of housing associations as legislation:-
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The European Commission published draft proposals in January 2012 which aim to update data protection regulations and unify data protection within the EU.
Summary of Proposals
As a student, it's a relief to have some kind of formal work placement organised for the summer holidays. Something more interesting than stacking shelves, a chance to apply some knowledge you have learned from University, as well as being good for the CV. But what about the content of my placement at TC Young? Would this be days filled with making coffees and photocopying?
Thankfully not. Over my short time here I have been able to work in different departments doing a variety of
In July 2012 the Court of Session in Edinburgh ruled that a (Scottish) Will forged by a deceased's mother should be set aside. Mrs Nicol's son died unexpectedly, he was separated from his wife with a young daughter. Mrs Nicol was concerned his estranged wife would inherit in preference to his daughter. Four years of court action and family acrimony then followed. Which could easily have been avoided if the deceased had a valid Will in place. How do you go aboutmaking a Will in
Owners of Scottish properties should be aware that there are new requirements for Energy Performance Certificates which will be introduced in October 2012 and January 2013. Please find below a summary of the relevant changes:
From 1st October 2012
- In addition to showing an Energy Performance Certificate to a prospective purchaser or tenant, a copy of the Energy Performance Certificate must also be given to the purchaser or incoming tenant of a property.
- All Energy Performance Certificates must contain a note of
Using the Small Claims Court in Scotland - this can be utilised by landlords looking to recover a debt owed by a tenant. Usually these debts relate to rent arrears or costs arising from repairs. If tenant fails to pay a debt owed to the landlord, and has also failed to respond to correspondence, then the landlord must decide:
- whether the debt is worth pursuing further
- which method to use in order to recover the debt in the most cost/time effective manner
A
There are many challenges facing vulnerable adults entering into tenancy agreements in Scotland.
The Adults with Incapacity Act is now well established in Scotland. It sets rules which deal with the appointment of guardians for people who lack capacity to deal with their own affairs. Many adults who are 'incapable' as defined in the Act are now in their own tenancies with significant support networks. Earlier this year I spoke at an event on this topic.
This event looked at the challenges faced by adults
If you open a newspaper or turn on your television, you are once again bombarded with headlines on yet another banking related scandal - this time LIBOR rate fixing. With the resignation of Barclay's chief executive and more revelations in relation to rate fixing practices by the major banks you may be wondering what it's all about, and how it affects you.
The current issues surround the LIBOR interest rate. This is the average rate at which the major banks confirm that
Cohabitation law including cohabitation rights, came into force in 2006 through the Family Law (Scotland) Act 2006 (the Act). The Act contains provisions for dealing with financial issues when an unmarried couple separate. Cohabitation is a less formal relationship than marriage and the legal rights available to each person when they separate are not nearly as extensive as if they divorced.
There are a number of common myths amongst cohabiting couples:
All three of the tenancy deposit schemes in Scotland approved by the Scottish Government are now operational! The many different aspects of the tenancy deposit scheme in Scotland have been covered on our blog before however with the official operational date of 2 July 2012 having passed, it would be a good time to remind landlords of the timescales involved to ensure they are complying with their duties. Rest assured, there is no need to panic just yet!
Landlords in Scotland will need to lodge
Children's Services are provided by the Social Work Department in each Local Authority (Council) - you may want to know why children's services are involved with your child. Children's Services deal with concerns about a child's welfare and provide assistance and protection for children in need.
A child in need is one:
If a landlord finds himself in a situation where a tenant has requested terminating a tenancy agreement early, the tenancy agreement should have clear terms under which the tenant can give notice to terminate the agreement. In most circumstances the tenant will have to give two months notice prior to the end date of the tenancy. If the tenant tries to get out of the agreement early without giving notice in terms of the tenancy agreement, the landlord may have a claim for any losses
The Property Factors (Scotland) Act 2011 will come into force on 1 October this year and alongside this the Homeowners Housing Panel.
The Act will introduce new rules and regulations for property factors in Scotland. Property factors will require to be registered and to comply with a Code of Conduct. It will also introduce a new dispute resolution procedure for complaints arising from factoring problems or allegations of failure to comply with the Code of Conduct.
With effect from 1 October, the Homeowners Housing Panel
As a divorced parent do you know if you need consent before you can take your child abroad for a holiday? When looking forward to a summer holiday, it is a question that often arises for separated or divorced parents. Do you need both parents to consent?
This can be a fraught issue and unfortunately the law does not help. The Children (Scotland) Act 1995 states that when both parents of a child have parental responsibilities and rights, the consent of both is required prior
What do you know about legal capacity, Guardianships & Power of Attorney? In Scotland, a person is deemed to have legal capacity to act and make decisions on their own behalf once they reach the age of 16. This means that parents no longer have any authority to make decisions or deal with agencies on their son or daughter's behalf once they turn 16.
Why is legal capacity important?
For most people, taking on responsibility for their own decisions and actions at age 16 is
The Government has opened a consultation on their proposed Community Empowerment and Renewal Bill. It is an open consultation and the Bill will be drafted in light of the responses received.
Current Law
Currently a rural community with a population of less than 10,000 can register an interest in a piece of land and be given the first opportunity to buy it if it comes up for sale; as long as the community is able to demonstrate:-
Not only do torrential downpours make everyone feel miserable the severe weather can also cause serious flooding and damage to your property. Forecasting the weather is a science, and while you can take steps to reduce the damage and be prepared for the worst, it is also very important to insure your contents against flooding. We are often asked - will my insurance cover damage caused by flooding?
Will your insurance policy cover any damage caused by flooding?
Check all insurance policies and make sure
A consultation paper has been produced by the Scottish Government with a view to reform the Right to Buy. The proposal is either to:
1. abolish it entirely, or
2. remove the preserved Right to Buy and transfer all tenants currently with that entitlement to the modernised Right to Buy
The preferred option (whatever that may be) will be included in the next Housing (Scotland) Bill.
This consultation has already caused a bit of a stir in the political field, not least with the Conservative
How do you comply with the new public procurement regulations? The Public Contracts (Scotland) Regulations 2012 came into force in May 2012, replacing the 2006 procurement regulations.
The new regulations consolidate the 2006 public procurement regulations and subsequent amending regulations into one document, as well as incorporating some important changes.
What are the main changes?
