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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June 2015 – “Don’t Take This To A ‘Greedy Lawyer!” – Home Made Wills

The words in the title appeared in the notebook of Mrs Melanie Gibson who died on 7th October 2012. Her notebook also included other wording as follows:

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May 2014 – “Legal rights”: where there’s a will there’s not always a way

Introduction and background It is a distinctive feature of Scots law that, on death, a person’s surviving spouse and children have automatic entitlements to a certain cash amount from the deceased’s estate. These entitlements are called “legal rights”. They apply … More

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December 2013 – “Start The Conversation” Powers of Attorney Solicitors’ duties

Christmas is hailed as a family time. Advertisers are tuned into this. In its Christmas advertising campaign this year Tesco aimed at portraying the reality of Christmas for families, rather than a “perfect airbrushed one”. It focused on one family, … More

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February 2012 – Death Where There is no Will – Who Gets What?

If someone dies without leaving a will the law lays down who inherits the deceased’s estate. One of the most important aspects of these rules covers the rights of a surviving spouse or civil partner. The rights are threefold. They … More

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