On 1st February 2012 changes to the succession thresholds came into force. The legal changes increase the maximum property and cash values which can be transferred to a surviving spouse or civil partner where a person dies without a Will in Scotland. They also increase the threshold for small estates (where a Sheriff Clerk can assist with the administration of an estate) from £30,000 to £36,000.
What are the new rules?
Where a person dies without a Will in Scotland, their surviving spouse or
When parents are going through divorce and separation - what happens to the child benefit? A child can often divide his or her time between two households over the course of a week. This can be an ideal arrangement, allowing the child to maintain a close relationship with both mum and dad. There can however be unforeseen financial implications if either or both parent receives benefits.
Shared care does not mean shared benefits. This can cause significant practical difficulties where one or both parents rely
In these times of economic strife where house prices are rising faster than your income, it may seem difficult to imagine being able to afford your own home. We are asked many times - how can I get on the property ladder in Scotland?
There are a number of schemes available to assist with buying a property:-
Shared Equity
Is there a difference in offering divorce advice for women? There are a number of publications offering advice for men going through divorce, and just as many tailored specifically for women.? But in Scotland does the client?s gender really affect the advice tendered by a lawyer?
Divorce can be difficult and emotional and without good legal advice, mistakes can be made that are not easily rectified.? Typically solicitors provide divorce advice for men and women, following a marital breakdown on two main issues;
Children:
Whether
From 1st January 2012, charities that are companies or industrial and provident societies (IPS) can apply to the Office of the Scottish Charity Regulator (OSCR) to convert to a Scottish Charitable Incorporated Organisation (SCIO). Previously it was only unincorporated associations or trusts who could take advantage of this change. We help Scottish Charitable Companies become SCIOs.
However, the conversion of a company or IPS to a SCIO may only take place if:
The Private Rented Housing Act 2011 in Scotland will introduce changes (including changes to the HMO licence) which will affect all landlords in the private rented sector, with its various parts coming into force in stages. The following provisions will amend the existing Houses in Multiple Occupation (HMO) licence regime and are due to come into force on 31 January 2012.
Firstly, a local authority will have the power to refuse to consider an application for an HMO licence, where it considers that occupation of
At the start of a New Year, you may be turning your thoughts to putting your affairs in order. As part of this, you should consider granting a power of attorney in Scotland. Read on for our top 5 questions and answers on Powers of Attorney.
1. What is a Power of Attorney?
Japanese Knotweed is innocuously - even exotically - named but can prove to be a persistent and costly problem if it is found on your land. As an extremely invasive species, Knotweed can take over gardens, as well as potentially damage buildings, if not eradicated properly. Do you need legal advice for Japanese Knotweed in Scotland?
What can you do if Japanese Knotweed is spreading to your property?
Knotweed can also prove to be a significant problem if it is growing on a neighbouring property
Are you aware of the issue of indirect discrimination in recruitment practices? In January 2012, the Northern Ireland Industrial Tribunal found in favour of a mum who had been discriminated against by not being shortlisted for a post because she did not have the required experience.
Although it's a decision from a different jurisdiction, it is a useful reminder that if organisations have strict experience requirements in place when it comes to shortlisting candidates, they should be mindful of indirect sex discrimination claims.
In Summary:
Many landlords are unaware of their duties under the Homelessness (Scotland) Act 2003 when raising court proceedings against a tenant for eviction. What are a landlord's duties when evicting a tenant?
Section 11 of the Act states that;
a landlord when raising proceedings for repossession must give notice to the local authority in whose area the property is situated. Said notice should be given when the court action is raised against the tenant.
It is not sufficient for the landlord to simply write to the
As an employer (or employee), what rights do pregnant employees have? Are you not sure how to deal with time off for your employees? Our brief checklist should help.
1. Sick Leave
- Pregnant employees have the same rights to paid sick leave as all other employees (apart from the last four weeks of pregnancy). If an employee is ill during their pregnancy, they should still follow their employer's normal sickness reporting procedures. If they qualify, they will be entitled to Statutory Sick Pay (SSP).
Do you know how to get a quick divorce in Scotland?
There are two ways you can apply for a divorce in Scotland. The first is the ordinary divorce procedure (used if there are children from the marriage under the age of sixteen and/or a financial claim is being made) and the second is the simplified divorce procedure, often referred to as a quick divorce.
Simplified divorce procedure (quick divorce)
The process has been designed for someone to apply for a quick divorce in Scotland
Ordinarily gifts are handed over, thanks are expressed, and the parties move on with no further thought to any legal implications. But what if that 'present' is a large cheque or valuable item? What is the difference between a gift & a loan? It depends on the circumstances and the relationship between the donor and donee. If you are unsure, put it in writing!
A case in England involving Leonard Taylor and the executor of his late partner Doris Luker is worth noting:-
The procurement regulations set down the rights and remedies available to unsuccessful tenderers who have suffered or are likely to suffer loss as a result of a breach of those regulations.
Where the aggrieved tenderer can show that a breach has occurred the court can:
However the regulations only apply to works, services and supplies contracts over certain values.
Does this mean that a court action cannot
With Christmas fast approaching, thoughts turn naturally to social events. It's the time of year when most employees feel they can look forward to a slowing pace of work and the office Christmas party. Most workplaces will have a function of some sort to celebrate the festive season, whether it's a lunch or dinner at an external venue, or something in the business premises themselves. It is often seen as a good way to boost staff morale and make employees feel appreciated. However what can
It is perhaps no wonder that there are so many myths surrounding the divorce process. Many people will offer words of wisdom to those going through a separation or divorce, but how many of these hold true?
What are the top 5 myths about divorces in Scotland?
1. "My spouse had an affair so he/she will get a lower settlement from the divorce!"
Scotland has a 'no fault' system when it comes to divorce. This essentially means the reason for the separation is irrelevant and
More and more landlords are now requiring tenants to provide guarantors, in addition to carrying out the usual referencing checks. This gives a landlord some added protection against the risk of the tenant failing to pay rent under the tenancy agreement. However, it is important that landlords ensure that the guarantor signs an express agreement, so that the landlord can legally enforce the obligations against the guarantor, should the tenant fail to fulfil theirs. So how do you put a guarantor agreement in place?
Our
How do you deal with employee absence in bad weather? "Boss, there's a river running down my street, I can't come into work." Sound familiar? Not only does adverse weather cause problems for employees who commute to work, it can result in significant financial loss to the employer, particularly if the bad weather is on-going.
Below are the answers to commonly asked questions about employee absence during adverse weather:
If an employee fails to show up for work because of bad weather do I have
Ever wondered what happens if you want to purchase land from an unknown owner?
When a land title is in the name of a dissolved company (or where no owner can be identified) ownership will transfer to the Crown.
What happens if I want to buy the land?
Potential purchasers will have to contact the Queen's & Lord Treasurer's Remembrancer (the QLTR) to obtain the title.
When initially contacting the QLTR, evidence that the company in question has been dissolved should be provided, along with
As man's best friend, it's no surprise that many people want to provide for their dogs in their Wills. However, dogs can't own property in their own right and therefore a bequest of a specific sum of money or item to a dog (or any pet) is not effective. So what happens to my dog if i die?
Available options
As a pet owner, you might want to consider:-
