Estate Planning with Foreign Assets

Owning a home in another country is not uncommon. It is a great way of getting to know another country, perhaps learn another language and is somewhere to go when you need time to relax. However, not all owners of … More

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Advance Directives and Dying Matters

I recently had a discussion with a client and the subject of advance directives (sometimes known as  living wills) arose. It is a sad matter to talk about, but the fact is, in life some people do become incapacitated either … More

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Beware: Executor Personally Liable to Pay Inheritance Tax Bill

Acting as executor for an estate carries a great deal of responsibility and while the majority of executries are completed without incident, complications can arise and executors can sometimes find themselves in a difficult and unexpected situation. At some point … More

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Inheritance Rights of Cohabitees

Cohabitation is far more common these days than ever before. To move in with a partner is a big decision and understandably the practicalities of what would happen to the cohabitants’ home if one of them were to die without … More

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Milestone Moments for Writing a Will

Throughout most of the world, disposal of an estate has been a matter of social custom. According to Plutarch, one of the best known Greek biographers and essayist, the written will was invented by Solon, an Athenian politician and lawmaker … More

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June 2017 – Rectifying A Wayward Will

Rectifying contracts and other deeds Since 1985 there have been statutory provisions in place so that where: a contractual document fails to express accurately the common intention of the parties when the agreement was made; or a document intended, for … More

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October 2016 – Executor Appointment Changes

Introduction  Something was said about the new Succession (Scotland) Act 2016 in the Bullet Point Updates for February and March this year. This update focuses on one particular aspect of the changes concerning the procedures for the executors appointed under … More

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March 2016 – Succession Law Changes – Part 2

The Succession (Scotland) Act 2016 (“the 2016 Act”) was passed by the Scottish Parliament last month and received Royal Assent this month. Last month’s Bullet Point Update commented on some of the Act’s provisions concerning wills. This month we look … More

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February 2016 – Succession Law Changes – Part 1

The Succession (Scotland) Act 2016 (“the 2016 Act”) was passed by the Scottish Parliament last month (although none of it is yet in force). It is not one of those Acts that makes sweeping changes to the general law of … More

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September 2015 – “The battle of the executors”

Introduction  When someone makes a will they usually include in it the appointment of “executors”: that is the people they want to be in control of the administration of their estates and responsible for distributing the property to their chosen … More

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