Who Gets What? Dividing Property and Assets on Divorce
Who Gets What? Dividing Property and Assets on Divorce Dividing property and finances is often one of the most worrying aspects of a divorce. Many people assume that everything will automatically be split equally, while others believe that whoever earned the money or whose name appears on an asset will keep it. In Scotland, neither... Read More
Buying a New Build Property in Scotland: Legal Tips for a Smooth Process
Buying a new build property can be an exciting way to purchase a home. Everything is brand new, often energy efficient, and often comes with warranties that provide additional peace of mind. However, buying a new build does not follow the exact same format as buying an existing property from the open market. There are... Read More
Digital Assets After Death in Scotland: Protecting Your Online Legacy Under the New Law
Modern life is increasingly lived online. We store photographs in the cloud, manage finances through apps and websites, communicate by email and social media, and increasingly hold valuable digital assets such as cryptocurrency and other blockchain-based assets. Until recently, there was some uncertainty in Scots law about how certain digital assets should be treated. However,... Read More
Domestic Abuse and Protective Orders: Legal Help for Your Safety
Domestic abuse can affect anyone, regardless of age, sex, background, or circumstances. It often has a profound impact on victims and their families, leaving them feeling frightened, isolated and unsure where to turn for help. If you are experiencing domestic abuse in Scotland, there are legal protections available to help keep you safe. The law... Read More
What Does “Missives Concluded” Actually Mean?
If you are buying or selling a home in Scotland, you will almost certainly hear your solicitor say at some stage that “missives have been concluded.” For many people, this phrase sounds technical and a little mysterious. However, it is one of the most important moments in the entire conveyancing process. In simple terms, when... Read More
Who Can Challenge a Will in Scotland – and how?
When someone dies, their Will is usually followed without issue. However, there are situations where a Will can be challenged. This can feel daunting, especially at an already difficult time, but understanding your rights is the first step. This guide explains who can challenge a Will in Scotland, the legal grounds for doing so, and... Read More
Relocating with Children After Separation: What Are the Rules?
When a relationship breaks down, it is not unusual for one parent to consider moving away with the children. That might be for a new job, family support, or simply a fresh start. However, in Scotland, relocating with a child after separation is not something you can simply decide on your own. There are legal... Read More
The Importance of Home Reports in Residential Conveyancing Transactions
Selling your property can be an exciting but also daunting endeavour. Whether you are a first-time home seller or have gone through the process before, it is essential to be aware of the importance of home reports in the Scottish property market. Home reports are an integral part of the residential transaction process, providing valuable... Read More
What’s the Difference Between Separation and Divorce in Scotland?
If your relationship has broken down, one of the first questions you may have is whether you need to separate or get divorced – and what the difference actually is. In Scotland, these are two distinct legal concepts. Understanding how they work can help you decide what steps to take next and avoid unnecessary stress... Read More
What Happens if You Lose Capacity Without a Power of Attorney?
Many people assume that if they become ill or lose the ability to make decisions, their spouse or children will automatically be able to manage their money and make decisions for them. Unfortunately, that is not the case in Scotland. If you lose mental capacity and do not have a Power of Attorney in place,... Read More
Common Challenges in Scottish Property Transactions
Buying or selling property in Scotland can be an exciting yet complex process. From legal intricacies to practical hurdles, several challenges can arise during property transactions. Understanding these challenges and knowing how to overcome them is crucial for a smooth and successful transaction. Let’s delve into some of the common hurdles and ways to tackle... Read More
Divorce and Dissolution of Civil Partnerships in Scotland: A Simple Guide
Bringing a legal relationship to an end can feel overwhelming, particularly when you are unsure how the legal process works. In Scotland, a marriage is legally ended by divorce, while a civil partnership is brought to an end through a process known as dissolution. Although the terminology is slightly different, the legal principles behind both... Read More
Avoiding Family Disputes: Talking to Loved Ones About Your Wishes
No one likes to think about illness, incapacity or death. It can feel uncomfortable and even upsetting to raise these topics with family. However, avoiding the conversation often creates far more difficulty later. Many family disputes arise, not because people disagreed with someone’s wishes — but because they never properly understood them. Talking openly with... Read More
What Are ‘Standard Clauses’ in Missives – and Should You Worry About Them?
When buying or selling a home in Scotland, much of the legal work happens behind the scenes through documents known as missives. Within those missives you will often hear mention of standard clauses. While the name may sound technical, these clauses play a key role in protecting both parties and ensuring the transaction runs smoothly.... Read More
Spousal Maintenance in Scotland: When Is It Payable?
When relationships break down, one of the most common worries is financial security. People often ask: Will I have to support my spouse? Can I receive maintenance? How long would it last? In Scotland, “spousal maintenance” is usually referred to as aliment (during separation) or periodical allowance (after divorce). The rules are set out mainly... Read More
A Guide to Writing a Will: What Every Scot Should Know
Introduction: Writing a Will is an essential task for everyone, regardless of age or wealth. It ensures that your wishes are respected after you pass away, and it provides clarity and peace of mind to your loved ones during a difficult time. This guide aims to provide clear and simple advice on writing a Will... Read More
Common Delays in Conveyancing – and How to Avoid Them
Buying or selling a property in Scotland can be straightforward when titles are in order, finance is in place and everyone is organised and responsive. However, delays can and do often happen, particularly in large chain transactions where a multitude of these factors are in play. Conveyancing in Scotland follows a fairly structured process, but... Read More
What Happens to the Family Home When You Split Up?
One of the biggest worries when a relationship breaks down is what will happen to the family home. For many people, the house is not just their most valuable asset, but also where children live and where day-to-day life happens. In Scotland, the answer depends on a few key factors, including whether you are married,... Read More
A day in the life of a Private Client Trainee Solicitor
What’s it like to work at Russel +Aitken (Falkirk + Alloa) Ltd? Find out from our trainee, Iona Pryde, as she details a day in life of a trainee… I began my traineeship in Russel + Aitken’s private client department in June 2025, and it quickly became clear that no two days are ever the... Read More
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