Category Archives: Notes on Common Topics


Land and Buildings Transaction Tax Scotland

Just to update you. The Deputy First Minister and Cabinet Secretary for Finance, Constitution and Economy  confirmed to the Scottish Parliament on Wednesday 21 January 2015 that the tax rates and bands for residential property transactions  in Scotland have now … More

Posted in Notes on Common Topics

A (Non-Comprehensive) To-Do List For New Residential Landlords

Tenancies (like people) come in all shapes and sizes. But when it comes to private sector residential tenancies they are usually either ‘assured’ tenancies or ‘short assured’ tenancies (both fall under the Housing (Scotland) Act 1988). The ‘short assured’ tenancy … More

Posted in Notes on Common Topics

Purchase of Flats etc at ‘Auction’

The usual way of buying a house, or a flat (or other ‘heritable’ property) involves the would-be purchasers having viewed it after it has been publicly advertised; getting their solicitor to put in a written offer to the sellers’ solicitors; … More

Posted in Notes on Common Topics

Care Home Fees Protection – No Magic Fix

It is not unusual for a client or prospective client to approach us for advice about protecting their assets (usually a house) against possible future long-term residential care costs: they may have seen publicity about such schemes or heard of … More

Posted in Notes on Common Topics

Can I Pull Out of a House Purchase?

The short answer to the question in the title is one beloved of lawyers namely: it depends. The answer is yes you may pull out before ‘missives are concluded’; but no you may not once ‘missives are concluded’. An explanation … More

Posted in Notes on Common Topics

Buying a House in Scotland – FAQs

What should I do first?   Not many people can buy a property without getting a loan from a bank or building society. So the first thing is to get an agreement in principle from a lender as to how … More

Posted in Notes on Common Topics

Divorce & Financial Provision

When it comes to financial provision on divorce it has been said that “…the matter is essentially one of discretion [for the court] aimed at achieving a fair and practicable result in accordance with common-sense…” (per Lord President Hope in … More

Posted in Notes on Common Topics

Why Should I Make a Will?

There are two main answers to that question. By making a Will you choose (i) who you want to deal with the administration of your affairs on your death, and (ii) who you want to benefit from your estate. It’s … More

Posted in Notes on Common Topics

Why Should I Make a Power of Attorney?

The Adults with Incapacity (Scotland) Act 2000 (“the Act”) introduced a whole new range of measures to cover decision-making for “Adults with Incapacity” in relation to both property matters and matters of personal welfare. Broadly speaking if a person loses … More

Posted in Notes on Common Topics

What To Do When Someone Dies

The death of a relative or close friend is a difficult time. And there are also the immediate practical questions about getting a death certificate; registering the death; and arranging the funeral which have to be dealt with in the … More

Posted in Notes on Common Topics