What Is Confirmation – and Why Is It Needed in a Scottish Estate?
When someone dies in Scotland, their estate (everything they owned either in their own name or jointly with a third party) needs to be dealt with properly and lawfully. One of the key legal steps in this process is obtaining Confirmation (this is called Probate in England). If you have been named as an executor,... Read More
Understanding Proof of Funds When Buying a Home in Scotland
When you decide to buy a home in Scotland, one of the first things your solicitor will ask for is proof/source of funds. Many buyers are surprised by this, especially if they already have a mortgage agreed in principle. However, providing proof of funds is an essential part of the Scottish conveyancing process, and there... Read More
Trusts Explained: A Simple Guide for Scottish Families
Trusts are a common and useful part of estate planning in Scotland, yet many families find them confusing. Put simply, a trust is a legal arrangement that allows one person or group (the trustees) to look after money, property or other assets for someone else (the beneficiaries). This guide explains how trusts work, the types... Read More
Guardianships in Scotland: What Are They and When Are They Needed?
Life can be unpredictable and sometimes people need someone else to step in and make important decisions on their behalf. In Scotland, this is often done through a guardianship order. Guardianship is a formal legal arrangement that allows someone to make decisions for another person who can’t do so themselves. It applies to adults over... Read More
Dr John Aitken Trust
Do you live in the Falkirk area and are currently suffering financial hardship? If the answer is yes then you may be entitled to a one off payment from the Dr John Aitken Trust. An application Form can be downloaded here or requested by completing the contact form below. The form is also available on... Read More
Conveyancing and the chain transactions – a closer look
Buying or selling property in Scotland can be a complex process. From the legal intricacies to practical hurdles, several challenges can arise during property transactions. These are not always something over which your own solicitor has any control. Most offers in Scotland now make use of the Scottish Standard Clauses – a set of pre-agreed contractual terms... Read More
Who Gets Custody of the Children? Understanding Scottish Law
When parents separate, one of the most difficult issues to resolve is who the children will live with and how much time they will spend with each parent. In Scotland, who the children live with is commonly referred to as “custody”, although the legal term is now “residence”. More often than not one parent will... Read More
Making an Offer on a Property: How the Scottish System Works
Buying a home is one of the biggest decisions most of us will ever make. It can be exciting, but it can also feel daunting if you’re not familiar with how the system works. In Scotland, the process of making an offer on a property is quite different from elsewhere in the UK. It follows... Read More
Planning Ahead for Dementia: Legal and Practical Considerations
Dementia affects thousands of families across Scotland every year. It can be a difficult subject to think about, but making plans early can make all the difference later on. Taking the time to get your legal and practical affairs in order means your wishes are clear, and your loved ones can make decisions confidently on... Read More
Do Unmarried Couples Have Rights in Scotland?
In Scotland, many couples choose to live together without getting married or entering a civil partnership. This type of relationship is known as cohabitation. While cohabiting couples don’t have the same legal rights as married couples, they do have some protections under Scottish law – but these are limited and often misunderstood. This article explains... Read More
Why every adult should have a Power of Attorney
Most people in Scotland only start thinking about Powers of Attorney when they are much older, or when a relative becomes unwell. The truth is that every adult, no matter their age or circumstances, should consider having one in place. Life is unpredictable, and illness or accidents can affect anyone at any time. A Power... Read More
What If We Can’t Agree About the Children?
When parents separate, one of the most difficult challenges can be deciding what arrangements to make for the children. Questions often arise about where the children will live, how much time they will spend with each parent, where they will be schooled, about their medical care, holidays, or even whether they can move abroad. Understandably,... Read More
Understanding Legal Rights Claims in Scottish Succession Law
When someone dies in Scotland, the way their money, property, and possessions are passed on is governed by succession law. Many people assume that if you leave a Will, everything will be distributed exactly as you have written it. However, in Scotland there is an important rule called legal rights, which means certain family members... Read More
Pension sharing on Divorce: Don’t overlook this key asset
When a marriage breaks down, there are many difficult conversations to have. People often think first about the family home, savings, or debts. But one asset that is sometimes overlooked – and can be hugely valuable – is a pension. In many cases, a pension pot can be worth more than the house, and it... Read More
What Happens If You Die Without a Will in Scotland?
No one likes to think about dying, but it’s important to plan for what happens after you’re gone. One of the most important steps you can take is to make a Will. If you don’t, your estate will be dealt with under the laws of intestacy, which means the law decides who gets what —... Read More
What to Expect When Going to the Sheriff Court
Going to court can feel intimidating, especially if it’s your first time. Whether you’re raising a civil action, defending one, or simply attending as a witness or supporter, it helps to understand what to expect. In Scotland, most civil legal disputes are dealt with by the Sheriff Court. These courts are found in towns and... Read More
First-Time Buyer? Here’s What You Need to Know About Buying Property in Scotland
Buying your first home is an exciting step, but it can also feel a particularly daunting one if you’re not sure how the Scottish property system works. The process is very different from other parts of the UK and can move extremely quickly once an offer is accepted with settlements averaging 6-8 weeks for completion.... Read More
Gifting Money to Children or Grandchildren: Legal and Tax Tips
Helping your children or grandchildren financially is a generous and thoughtful gesture, whether you’re assisting with a house deposit, university costs, or simply passing on some of your wealth during your lifetime. In Scotland, there are no legal limits on how much you can gift, but there are important tax rules and legal considerations to... Read More
Inheritance Planning for Blended Families in Scotland
Families today often don’t fit the traditional mould – and that’s perfectly normal. Whether you’ve remarried, have stepchildren, or are living with a partner and children from different relationships, you are part of what’s known as a blended family. But when it comes to inheritance, blended families can face challenges that aren’t always obvious at... Read More
Contact and Access Rights for Parents in Scotland
When parents separate or divorce, one of the most important issues to resolve is how and when each parent will spend time with their children. In Scotland, this is often referred to as contact, but many people still use the older term access. Understanding your rights and responsibilities as a parent can help avoid conflict... Read More