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
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