Category Archives: Private Client
Adult Incapacity – can a court intervene in financial affairs?
The Adults with Incapacity (Scotland) Act 2000 authorises a Sheriff to take steps on behalf of a person who has lost capacity to act for himself. The Sheriff must be satisfied that it is appropriate to intervene in the Adult’s affairs in terms of the principals of the Act. Our recent case of JM and
Assisted Suicide – an end to postcode lotteries?
End of life decisions may raise questions about assisted suicide. The European Court of Human Rights has held that Switzerland is in breach of the European Convention on Human Rights, as it does not provide sufficient guidelines clarifying when a patient is entitled to ask for, and receive, a lethal prescription. Doctors refused to provide
When is a Hedge a High Hedge? A legal update
Sunlight in Scotland is a rare enough thing and we cherish each moment we can get. If you have a neighbour who does not or cannot keep a boundary hedge under control and at a manageable height, you may be losing out on this precious resource. Disputes over the height of boundary hedges (whether the
Who should add ‘making a will’ to their to do list?
Do you fall into the 60% of the population who do not have a Will? A recent survey found that the majority of those who didn’t have Wills knew it was something they should attend to, but had just “not got round to it”. If you fit into that description, why not start the New
Hedging their bets? The High Hedges (Scotland) Bill
Problems with your neighbour’s leylandii? Are their trees blocking out the morning sun and they won’t do anything about it? Well, the Scottish Parliament looks set to provide you with a helping hand following the introduction of the High Hedges (Scotland) Bill as a private member’s Bill in October. The proposed legislation would give someone
How are Scottish wills, inheritance tax planning & charitable donations linked?
Giving to charity is something which most people will become involved in at some point during their lifetime, whether that be through fundraising efforts, occasional donations or regular standing orders. However, did you know that you can also provide for your favourite charities on your death? How can I provide for charities on death? The
Dying Intestate – What to do when there is no Will
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. Unless there is a valid Will in place clearly signed and dated, expressing the deceased’s wishes, then the estate
Completing A Will In Scotland – 10 Reasons To Have One
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
Tenancy Agreements – how to support an adult with incapacity
There are many challenges facing adults with incapacity 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
Legal Capacity, Guardianships & Power of Attorney in Scotland
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 be making decisions or dealing with agencies on their son or daughter’s behalf once they turn 16. Why
