We need to make something abundantly clear at the very beginning: it is not possible to change someone’s Will after they have died. A Will is made by the testator and sets down their intentions for what should happen after their death. As they have died, it is no...
When a couple’s marriage or civil partnership breaks down, there is always a discussion about who gets what. There is a fundamental legal principle that matrimonial property should be divided fairly between the parties. However, Section 8 of the Family Law (Scotland)...
When couples separate, there can be feelings of anger, a desire for revenge or a perception of the need for one party to simply try to punish the other – and in all these adult feelings, the feelings of the children can become lost. Whether you are the person who will...
Perhaps Trusts are something you do not encounter every day, but there are many instances when a Trust might be established to help with future planning. Family protection trusts seek to protect assets for the benefit of children and Trusts created within a Will for...
When your solicitor sends in your offer to buy a house, it’s a nerve-racking time, especially if there’s a closing date. You pace the floor and pass the time doing meaningless tasks until the phone rings – and your solicitor confirms your offer has been accepted. Your...
As we go through life, getting into (and out of) relationships, having children, getting or changing jobs, buying or first home, and all the things you do on a daily basis, it is perfectly understandable that doing some serious forward planning might take a back seat....
Commercial leases contain many clauses regulating the rights and obligations between the parties. Some clauses appear to contain a degree of certainty – such as the initial rent and the duration, but each of these might change in certain circumstances. With regard to...
It is a sad fact that many marriages and civil partnerships end in separation leading, inevitably to divorce and dissolution. However, reaching a resolution is not entirely straight forward in most cases. The interests and desires of each of the parties usually...
A new property register has been established in Scotland and it came into force on 1 April 2022. The new register is called the Register of Persons Holding a Controlled Interest in Land (RCI) and it aims to show who has control or a significant influence over the...
A recent case heard in the Commissary Court in Edinburgh has highlighted the need to ensure any changes you wish to make to your Will are dealt with properly. If you’ve taken that important step to make your Will, it is equally important to ensure any changes you wish...
