Jan 10, 2012 | Notes on Common Topics
The Adults with Incapacity (Scotland) Act 2000 (“the Act”) introduced a whole new range of measures to cover decision-making for “Adults with Incapacity” in relation to both property matters and matters of personal welfare. Broadly speaking if a person loses physical...
Jan 10, 2012 | Notes on Common Topics
The death of a relative or close friend is a difficult time. And there are also the immediate practical questions about getting a death certificate; registering the death; and arranging the funeral which have to be dealt with in the midst of that difficult time. This...
Jan 10, 2012 | Notes on Common Topics
The aim of this Note is to outline what the Family Law (Scotland) Act 2006 (“the Act”) does about property rights for couples who are living together (“cohabiting”). For people who are married, or for same-sex couples in civil partnerships, the law provides a fairly...
Jan 10, 2012 | Notes on Common Topics
Broadly speaking, on death, the market value of everything you own at death is added up. If you made any lifetime gifts within seven years of your death then, in principle, they too are added onto the value of what you owned at death. If that total exceeds the current...
Jan 10, 2012 | Notes on Common Topics
Is it Really Worth it? Court action to recover a debt may result in a court “decree” saying the debtor must pay – but if he or she has no money the decree may not be worth much in practice: “you can’t get blood out of a stone”. Some checks may help assess the...
Jan 10, 2012 | Notes on Common Topics
In Scotland – things are not done in quite the same way in England – the buyer’s solicitor makes a written offer to buy and the seller accepts in writing. The solicitors then exchange letters – known as “the missives” – setting out the details...
