You have registered the death, organised the funeral and now that you have identified all of the assets your loved one had (and established whether or not they have a Will), you are ready to progress with the administration of the estate. This blog focuses on the procedure where the value of the estate is over £36,000.
You need to now progress with obtaining Confirmation (known as Probate in England & Wales). As detailed in our earlier Blog this is the legal document that gives
You have registered the death, arranged the funeral and now it is time to look at estate administration. The current lockdown period has had a significant impact on the process of administering a deceased person’s estate. The Courts in Scotland, at the time of preparing this Blog, are not currently progressing Commissary work (estate administration). They are, however, looking at how to restart Commissary business soon via remote working. However, even once the Courts have finalised appropriate procedures to restart this business, there will inevitably
In our first blog we advised on how to register a death. Now you (and the funeral director) have the death certificate, you can go about arranging a funeral. Funerals are continuing to take place as normally as possible and families are being encouraged not to delay funerals. The Scottish Government have provided guidance for funeral services during the pandemic and funeral directors are being asked to ensure that social distancing is adhered to.
Some helpful tips:
The death of a loved one is a difficult time for everyone. Not only are they grieving but for many they may have never had to register a death or deal with the winding up of a loved one’s estate. It can all become quite overwhelming.
The Covid-19 outbreak and lockdown of the nation has brought a whole new level of uncertainty. A short series of blogs will follow providing guidance from registering a death, dealing with the funeral arrangements and winding up an estate.
Keeping the bond between a parent and a child intact is often treated as a given. There can however be circumstances in which the State, in the form of the Local Authority, might seek to interfere with that. Where a child could be removed from the family home, the correct legal advice is crucial.
An individual with parental rights for a child has the right to decide where the child lives. The mother has parental rights, and fathers named on the child’s birth certificate from
As we have entered into a further period of at least 3 weeks ‘lockdown’ with the continued restrictions in place requiring everyone to ‘stay at home’, it can be a frightening time for anyone who is suffering domestic abuse.
If you are experiencing physical, emotional, sexual or financial abuse or being intimidated or threatened by a current or previous partner, you are being subjected to domestic abuse.
The Chief Executive of Scottish Women’s Aid, Dr Marsha Scott, when discussing the impact of the current pandemic
With the current Covid 19 situation and imposed ‘lockdown’, we are experiencing uncertain and challenging times. Normal routines have been severely impacted. Children are being home schooled and are missing out on extra circular activities, and visiting friends and family. Maintaining a level of consistency is key, but it can be very daunting to try to keep to prior agreed arrangements for children when other factors come into play.
It is natural for a parent to be concerned how best to safeguard and protect their
Following our previous update, yesterday (15 April 2020), HMRC has issued a further update to its employer and employee guidance on the Job Retention Scheme (the Scheme). We now have the following recommendations:
With the latest Government guidance sending the message of ‘staying at home’ in a bid to fight the virus, for many the danger is not only what is outside. The Office for National Statistics reported that 1.6 million women and 786,000 men were the victims of domestic abuse in the year ending March 2019. It is anticipated that figure will rise as the COVID-19 situation continues.
Domestic abuse is not always physical. Abuse can be psychological (including threatening and coercive behaviour), emotional, financial or sexual.
We will donate 10% of the fee to local foodbanks.
Ensuring you have a Will in place not only means that you can decide who you wish to inherit your estate, but it also provides peace of mind and comfort for both you and your family, knowing that your affairs are in order.
The current Coronavirus pandemic has brought into sharp focus the importance of providing for our families should the worst happen. Just because you cannot meet face to face with a solicitor at
The Coronavirus (Scotland) Act 2020 has now come into force. This Act proposes significant temporary changes to residential tenancy law in the private and social rented sectors.
What are the changes?
Private Residential Tenancies
- Increased Notice Periods
The Act increases the notice period for the Private Residential Tenancy. The current notice period is either 28 or 84 days depending on either the duration of the tenant’s occupation or the ground relied upon.
The Act extends the notice period to 6 months for all grounds
We are aware of increasing instances where tenants, in particular student tenants, are giving Notice to Leave and returning home. On occasion, these tenants are leaving and have abandoned belongings in the property.
While the tenancy agreement will usually oblige tenants to remove their belongings on departure, difficulties arise where the tenancy agreement omits to contract for what will happen with belongings once the tenancy has come to an end.
What is a landlord to do where there is no contractual provision for abandoned belongings
Since 25 May 2015 it has been possible to raise an action challenging the existence of a lease in the Sheriff Court by way of an action for reduction.
In the recent case of SW v Chesnutt Skeoch Limited the Upper Tribunal considered whether the First-tier Tribunal (Housing and Property Chamber) had jurisdiction to consider reduction of an assured tenancy.
The case concerned an application for payment of rent arrears and losses following termination of an assured tenancy. The tenant initially argued that the tenancy
The Scottish Government has published a parliamentary report in connection with the forthcoming Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations 2019.
Our earlier blog stated that the Regulations were proposed to come into force on 1 April 2020. However the report confirms this will be postponed until 1 October 2020.
What are the new key dates?
From 1 October 2020 any new tenancies will require to have a minimum EPC rating of E.
On 31 March 2022 this requirement will extend to existing
Following on from the Government’s announcement of the Coronavirus Job Retention Scheme, we now have some further information about the scheme following updated guidance issued by the Government (https://www.gov.uk/guidance/claim-for-wage-costs-through-the-coronavirus-job-retention-scheme).
In summary, the following will apply:
- Employers will be able to apply to HMRC for a grant to cover 80 per cent of an employee’s regular wage or £2,500 per month (whichever is lower) plus the associated Employer National Insurance contributions and minimum automatic enrolment employer pension contributions for employees who are not working but
In the midst of a period of uncertainty for all sectors across the U.K, it was a welcome change for us all to hear the Chancellor’s announcement on Friday 20 March that the Government will cover up to 80% of employee costs if your business has no work for them.
Guidance-to-employers-and-businesses-about-covid-19
This is an incredible and unprecedented lifeline for employers but there are obviously some conditions attached to this which we try to iron out below. This is a new scheme and new information for
Now more than ever, we should be asking the question: “are my affairs in order?”
In these uncertain times, it is prudent planning to consider putting a Will and Power of Attorney in place. A Will, of course, allows you to state what you wish to happen to your assets upon your death and provides your family with some comfort in knowing your affairs will be in order upon your death. A Power of Attorney, on the other hand, allows you to appoint someone to
Following on from our blog on Monday regarding the Coronavirus and its impact on the private rented sector, it is abundantly clear that the pandemic is causing unprecedented worry to both landlords, letting agents and tenants.
There appears to be a lot of speculation and panic about what the government will do to help tenants. We will continue to blog and provide informed updates at this difficult time with a view to putting an end to some of the worrisome speculation.
Below is a short
All throughout my high school years I was asked what I wanted to do when I left, my answer was always “I’ll just go to college or university.” I left high school still undecided in what I was to do. Looking for work is always a daunting process, and I had no idea that modern apprenticeships even existed. After hours of internet research I came across the modern apprenticeship scheme. I signed up and instantly received notifications about potential interviews.
Transitioning from seeing my
Each day our news feed is filled with updates and reports regarding the spread of the coronavirus. Guidance from the UK Government is to stay at home for 7 days if you have a high temperature and a new continuous cough.
What can landlords and letting agents do if tenants are self-isolating?
The key here is to ensure you open effective lines of communication. Landlords and agents should ccommunicate with tenants to let them know what they can expect from their landlords/letting agents
