Category Archives: Private Client

Dying Without a Will in Scotland

August 9, 2011 | Alison H |

Dying Without a Will in Scotland

Will law reform change the impact of dying without a Will in Scotland? Society and family structures have changed considerably since the current law on succession came into force in 1964 and there is widespread support for the law to be updated to reflect this. Current Rules Where a person dies without a Will (intestate) … Read More >>

Power of Attorney vs Guardianship, what’s better?

July 25, 2011 | Alison H |

Power of Attorney vs Guardianship

Powers of Attorney and Guardianship are often confused and I am regularly asked for advice on which is more appropriate. So Power of Attorney vs Guardianship, what’s better? Although both concepts are regulated by the Adults with Incapacity (Scotland) Act 2000 and have similar effects, there are significant differences between the procedure for each. What … Read More >>

What are Living Wills and do I need one?

July 12, 2011 | Isabel |

What is a Living Will

What are living Wills? They are: – a statement expressing your views about how you would like to be treated in the future – a Will of sorts but applies whilst you are alive not after your death – essentially an expression of your wishes set out in advance of illness at a time when … Read More >>

Does Power of Attorney include Tax Planning

July 11, 2011 | Alison H |

Does Power of Attorney include Tax Planning

Attorneys acting under a Continuing and Welfare Power of Attorney must comply with the five guiding principles set out in the Adults with Incapacity (Scotland) Act 2000. Arguably, the most important of these is that an Attorney must always act in the best interests of the adult.  Does this include tax planning? Best interests of … Read More >>

Making a Scottish Will

June 24, 2011 | Isabel |

Scottish will

‘Where there’s a wedding there’s a Will………….or not!   The wedding of Prince William and Kate Middleton may have had you oohing and aahing at the pomp and circumstance but did it make you think carefully about the legal implications of marriage and what it means for the succession to your estate never mind the succession … Read More >>

Vulnerable adults – Would a Guardianship Help?

May 24, 2011 | Alison H |

Would a guardianship help

“Help! My Aunt Has Dementia and No Longer Understands”. Under Adult with Incapacity Legislation – Would a Guardianship help? Jean recently visited the office looking for advice on how she can help her elderly auntie, who’s in hospital. The medical staff caring for Jean’s aunt believe she no longer has capacity to make decisions on … Read More >>