Blog

  • Cremation or Burial? Who Decides?

    On the 4 April 2019 section 65 of the Burial and Cremation (Scotland) Act 2016 came into force and with it a new framework for dictating who decides what is to happen to you after you die. At the moment many people make provisions in their wills regarding their funeral arrangements, for example whether they want ...
  • Estate Agency – The Genuine Article

    We have an excellent Estate Agency Department in our firm, who from the very point of you deciding to sell,to your moving out date will guide you through the whole selling process. It is run by Bridie Gillan with the help of Sharon Lloyd, both of whom are extremely experienced. Most Estate Agents in the High ...
  • Pitter Patter

    In 2018 it was a delight for the firm to welcome 6 babies, ALL BOYS, born to some of our partners and staff members. We now have a five-a-side football team in the making and have had hours of fun meeting these little ones, amidst much oohing and aahing. But my advice to parents or parents-to-be ...
  • Dementia – More Help Is Now Available

    Dementia is relevant to Mitchells Roberton for a number of reasons. Our firm does a lot of work with adults with incapacity. Most of us are all living longer and more and more of us are going to have at some point to deal with someone in our family who has dementia. This often has legal implications. The ...
  • Recovering Possession when Private Tenants Abandon a Property

    How does a landlord recover possession of a property which has been abandoned by a private tenant? The options available depend on the type of tenancy in place. Assured or short assured tenancies Most private residential tenancies beginning before 1 December 2017 are either an assured tenancy or a short assured tenancy.  No specific legislation actually addresses abandonment ...
  • Changes to the Land and Buildings Transaction Tax (LBTT)

    With effect from the 25 January 2019 certain changes in the rates and thresholds of LBTT took place. These apply to: Transactions where Additional Dwelling Supplement (ADS) is payable Non residential property transactions where a lump sum changes hands ( e.g. a purchase or a lease of commercial property where a premium is paid) If missives were concluded ...
  • Just a lawyer? No a Secret Agent too

    It is probably not known to many people, but I am a secret agent. Certainly Miss Money Penny appreciated James Bond 007, but as a lawyer being a secret agent is much less glamorous. I say secret, because the public do not always appreciate that the relationship is one of agency. The old fashioned name for ...
  • Claim for Surrogacy Costs in case of XX v Whittington Hospital NHS Trust

    The Court of Appeal’s decision in the recent case of XX v Whittington Hospital NHS Trust has very interesting implications. In this particular case the applicant when 29 years old was diagnosed with stage 11B cervical cancer. She underwent smear tests in 2008 and 2012 and had biopsies taken in 2012 and 2013. The trust admitted ...
  • Consultation on Fairer Succession Law Opens

    On the 17 February 2019 the Scottish Government launched a public consultation to ascertain how the law of succession could better reflect 21st Century Scotland. The public’s view on the following main two points is being sought: How an intestate estate should be split when there are both a surviving spouse/civil partner and children left  and What rights ...
  • Be warned of an Over Reliance on Inheritance Expectations

    A report by Sanlam UK (https://www.sanlam.co.uk/Insights/Recent-News/Millennials-inherit-1-2-trillion.aspx) carried out recently found that 11 million people aged between 25-45 in the UK expect to receive some sort of inheritance from their parents or grandparents with nearly half, 5.1 million, expecting to inherit at least £50,000 in fixed assets or money. According to the report four out of five ...

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