PRS Eviction Notice Periods Return to Pre-Covid Durations
The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022 have been published and come into force on 29th March 2022. These regulations will bring an end to extended notice periods on 30th March 2022. What does this mean for particular tenancies? Private Residential Tenancies The notice period will revert back to either 28 or […]
Legal Rights in Scotland
Did you know that the law in Scotland provides that you cannot entirely disinherit your spouse, civil partner or child even if you do not include them in your Will? This is because we have what are known as legal rights. What are legal rights? Under Scots law, certain family members are entitled to legal […]
Can I Challenge a Will in Court in Scotland?
Quite often family members can be left disappointed with the terms of a Will. They may feel they have been unfairly left out of the Will or that the deceased wishes are not correctly set out in the will perhaps even because of the influence of someone else. There are certain circumstances in which the […]
What is a Liferent?
Dependent upon your family circumstances, it may be sensible to consider including a liferent provision in your Will. However, what is a liferent exactly and how may it benefit you? What is a liferent? A liferent can be used where you wish your spouse, for instance, to benefit from the income from your assets or […]
Short Term Lets – August 2021
Despite curfews and closures, 2020 was a busy year for licensing lawyers due to the ever changing nature of restrictions introduced to combat the Coronavirus pandemic. In February 2021, the Scottish Government withdrew the Licensing Order in relation to short-term lets from the Scottish Parliament to allow guidance to be drafted. That has now been […]
What is a Clearance Certificate and Why Does the Court Need it for Me to Get My Money?
You may be excused for thinking that if a public body was holding money on your behalf that they would hand it over without any hassle. Unfortunately, when it comes to the Scottish Courts and Tribunals Service, it is not as straightforward as many would hope. The court, as a public body, have to follow […]
The Importance of Having a Power of Attorney
Hearing so many families losing loved ones and the long-term effect Covid-19 has had on their lives is distressing. However, it does highlight the importance of having a Power of Attorney in place. Too often we hear of spouses with separate bank accounts where one of them becomes ill and the other isn’t able to […]
What is Scottish Guardianship?
A Guardianship Order is a court order, which authorises a person to act and make decisions on behalf of an Adult with incapacity. In Scotland, an Adult is a person who is 16 years old and over. The law relating to guardianship is governed by the Adults with Incapacity (Scotland) Act 2000. It is important […]
What are the Scottish Standard Clauses?
You have saved up scrupulously for months, found the property of your dreams, and now you have had your offer accepted. You are finally ready to begin moving home and you have instructed your solicitor to arrange the legalities for you. However, there are many practical aspects to consider when moving to a new property. […]
The Impact of Covid-19 on Guardianship Applications and Renewals in Scotland
Although restrictions have eased there is still a significant impact, which will be felt in the coming weeks and months. Where someone has been assessed as lacking capacity and has not put in place a Power of Attorney, an application requires to be made to the Court for a guardian to be appointed with legal […]
