Gifting property is one way clients may wish to consider when looking at reducing the value of their estate for inheritance tax purposes.
There are tax implications to consider and the rules vary according to each individual set of circumstances. If a property is given away or sold at less than market value taxes will be payable provided the person receiving the property is a “connected person” (i.e. family members, family trusts). The only way this does not apply is if the sale is at
When a Will is made, several decades may pass before it is required. In that time a number of events could take place which cause the original Will to be misplaced. Examples being the testator moving home and losing it or the solicitor who prepared it not storing it correctly. Unfortunately accidents do happen however if there is a copy of the signed Will then there is a court process that can allow the copy to be used.
‘Proving the Tenor’
The court process
Leaving school can be a daunting time for anyone. Not always knowing what career you would like to pursue. Sometimes having the choice between staying in education and learning through a college/university course or getting a job can seem like the only two options available.
I left school with the intention to go to college and gain a qualification, meanwhile I was having to work part-time at night and weekends to fund my finances. However, I found life was busy and often stressful trying to
Last week we were all alarmed at the seemingly heartless way in which 800 staff were dismissed by P&O Ferries by way of a 3-minute long pre-recorded message. While redundancies and business restructures are unfortunately relatively common place, it was the lack of correct legal approach, together with the lack of civility which drew attention to this situation. Here we look at what the correct legal approach is in this situation and what P&O should have done if it had to make staff redundant.
Redundancy
Endeavour clauses are a common feature in commercial contracts and rather than impose an absolute obligation to achieve a desired result or outcome, they require a party to ‘endeavour’ to achieve it.
Common examples include:
“The sales agents shall use best endeavours to promote, market and sell the product.”
“X shall use all reasonable endeavours to obtain planning permission.”
“Y shall use reasonable endeavours to secure a waiver of the restrictive covenants from Z.”
These clauses are particularly helpful when performance is outwith the party’s
The Simple Procedure Rules were introduced on 28th November 2016. Since that date, all debt recovery actions for payment of money for sums of £5,000 or less were required to be raised via a court process known as “Simple Procedure”. Where the claim seeks certain other Orders, for example, repossession of a property which includes payment of money, £5,000 or less, Simple Procedure is not the appropriate procedure.
Simple Procedure is designed as a means of allowing the Court to determine cases quickly and
There is no doubt that the Covid-19 pandemic has radically changed the work place for all. I began my traineeship with TC Young in the midst of the pandemic on 09 November 2020. While we can now begin to see the light at the end of the tunnel, I think it is safe to say that my training experience together with all those young lawyers embarking on their legal career in 2020 will be unlike any other.
So, how does my experience differ to that
Limitation of liability clauses are often found in the standard terms of supply contracts, and commonly provide that, should an issue arise, the liability of the supplier is limited to the contract price or some other fixed sum.
The recent case of Benkert UK Limited v Paint Dispensing Limited [2022] CSOH 17 provides a helpful illustration and summary of how the courts will determine the enforceability of such a clause, if challenged.
Background
A fire broke out at Benkert’s factory, causing losses of £29.6 million.
Let’s pause and think about the menopause.
As with many subjects which at one point seemed too “taboo” to discuss in the workplace, the menopause, and its symptoms, have started to shift the conversation in workplaces across the country.
Managing the effects of the menopause at work is essential for both employers and their staff. Menopausal women are the fastest growing demographic in the workplace. However those going through it often feel as though they must do so quietly and behind closed doors. This piece
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 84 days depending on either the duration of the tenant’s occupation or the ground relied upon.
Assured and Short Assured Tenancies
The notice period for service of the AT6 will
The Scottish Government announced its roadmap out of Covid restrictions on Tuesday. Hot on the heels of this was the publication of legislation ending the extended notice periods for certain grounds for recovery of possession for social tenancies yesterday.
The Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2022
These Regulations come in to force on 29th March 2022 and will effectively bring an end to the extension of the notice period applicable for certain notices/grounds for recovery of possession on 30th March
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 rights when a person dies testate (with a Will) or intestate (without a Will). A surviving spouse, civil partner and children (including adopted children) can make a claim against your
It is not commonly known that in Scotland a clause can be inserted into a Will appointing a guardian to children who may be under 16 at the time of the parent’s death.
Here are the important points to note:
A Caveat is a document that a private individual or company can lodge at any Sheriff Court in Scotland and at the Court of Session to provide you with the advantage of a pre-warning that certain types of court orders are being sought against you.
The Caveat will have the effect of preventing an interim order being granted against you without you being informed that such an order has been asked for, and for you to be given a chance to be heard or represented
Following the first lockdown the property market in Scotland has exploded. There is such high demand for properties it’s no wonder the most recent statistics* are showing an average annual increase in value of over 11% for residential properties in Scotland. Currently the average price of a property in Scotland is £182,755, said to be “one of the highest reported for any month since the index started in 2004.”* Whether owners had more time during lockdown to finish DIY projects, to get their property sale
The vast majority of tenancies offered by Registered Social Landlords in Scotland are Scottish Secure Tenancies (SST). However, in some specific circumstances, landlords are able to offer tenants Short Scottish Secure Tenancies (SSST) instead. A SSST is a tenancy that lasts for a specified period of time (not less than six months) and can be terminated in certain circumstances upon reaching its end date. Tenants with SSSTs have fewer rights than those with SSTs and have less security of tenure.
Landlords can offer SSSTs to
As of the 1st January 2022, the public procurement thresholds have changed in Scotland.
These thresholds were previously set at an EU level. However, as a result of the UK leaving the European Union, the Scottish government must now revise the threshold values of the procurement regulations every two years to ensure that they are aligned with the thresholds set out in the World Trade Organisation’s Government Procurement Agreement (“GPA”).
One key difference under the rules of the GPA is that the procurement thresholds
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 courts can be asked to reduce (cancel) a Will.
Incapacity
A person signing a Will must be capable of understanding that Will. If they lack the capacity to do so,
The Scottish Government has introduced new rules for fire and smoke alarms across homes in Scotland. From February 2022, every home in Scotland must have:
All alarms need to be mounted on the ceiling and interlinked. They can either be sealed battery alarms or mains wired alarms.
You will also require a carbon monoxide alarm where
Following the Grenfell disaster in 2017, the Scottish Government has introduced new rules for fire and smoke alarms in homes across Scotland. Originally intended to be introduced in February 2021, these rules are to come into force in February 2022 and will apply to every home in Scotland.
The rules
From February 2022, every home in Scotland must have:
