In Scotland, the law surrounding Power of Attorney (PoA) is governed by the Adults with Incapacity (Scotland) Act 2000. This legislation provides a framework for protecting the welfare and managing the finances of adults who lack capacity due to mental disorders or inability to communicate. Understanding the key points of Scottish Power of Attorney (PoA) law is crucial for both individuals granting a PoA and those acting as attorneys.

Facing redundancy can be a daunting experience, and it's important to understand the financial implications involved. One question that often arises is whether you need to pay tax on your redundancy payment. In the UK, the tax treatment of redundancy payments can be complex, with various factors influencing the amount that may be subject to taxation. In this article, we'll explore the ins and outs of tax on redundancy payments, including statutory redundancy pay, notice periods, and tax-efficient options to consider.

Conveyancing, the legal process of transferring property ownership in Scotland, involves several crucial stages, each carrying its own legal intricacies. This comprehensive guide will illuminate the key points of conveyancing, from the conclusion of missives to settlement, and shed light on critical aspects such as the Land and Buildings Transaction Tax (LBTT), registration, and the importance of the Home Report.

Are you a first-time buyer looking to get on the property ladder? Navigating the property market can be a daunting task, especially if you're not familiar with the buying process. From finding the perfect location to securing the right mortgage, there are many factors to consider when buying a house in Scotland.

A group of landlords have chosen to pursue legal advice to decide whether the Scottish Government's recent rent freeze and evection ban breach their human rights.

When an individual dies, the person administering their estate will, in most circumstances, need to apply for ‘Confirmation’ before being able to distribute the deceased’s property and money.

You may have heard of a Power of Attorney but never actually considered why you may need one. There is a common misconception that a Power of Attorney is only useful for those who are older, but creating a Power of Attorney is something to consider carefully at any age.

When a loved one passes, it is an extremely difficult time for a family. It can be difficult to know where to begin, especially if you are responsible for their estate. Our team have put together a guide to help guide you through the process. Below are some important first steps to take.

As we get older, we are more likely to require assistance with our day to day life. If your loved one needs help with their care and well-being, obtaining legal advice can ensure you know what options are available. There are various legal documents that are designed to meet a person's wishes for later life, particularly a will, living will, and Power of Attorney. In this article, we look at some of the steps that can be taken when making care plans for a loved one.

When preparing your will, one of the most important things to consider is who will be the person that carries out your wishes and administers your estate when you die? This person is called an executor, and it is crucial to choose the right person (or people) to carry out this important role. Here we discuss how to decide who would be the best executor or executors for you and some of the things you should consider when making your decision.

COVID-19 has had a significant impact on many businesses, particularly those operating in the hospitality, leisure and retail industries. With income suffering and recovery likely to take some time, rent arrears continues to be an issue for numerous commercial landlords and tenants across Scotland.

It is difficult to think of an area of life that the coronavirus pandemic has not affected. Certainly, every legal service we provide at watersrule Solicitors has been impacted to some extent. In particular, we have seen significant changes happening in the residential property market.

We are living in uncertain times at the moment. I am writing this message to all our clients and to potential new clients with watersrule to reassure you that we will remain available to you for advice and legal support over the coming weeks and months, providing “business as usual” as far as we can.

The latest House Price Index report revealed the average property price in Scotland was £145,762 in February 2019. This was a 3.1 per cent decrease on the previous month and a fall of 0.2 per cent on February of last year (£145,982); the first annual drop in average property price in Scotland since March 2016.

New research has revealed that Scottish and Welsh charities outperformed other parts of the UK in terms of real terms legacy income growth in the last decade.

As several major retailers are having to downsize in the current economic climate, new figures suggest budget chains such as Aldi and Lidl are driving an increase in take-up at Scotland’s retail parks.

Cohabitation laws in Scotland are in need of reform as they do not help grieving people or vulnerable individuals, according to a recent report by the Law Society of Scotland.

HFD Property Group has secured an £88.9 million development loan to complete the 313,116 sq ft accommodation at 177 Bothwell Street, the final part of the Bothwell Exchange office campus.

The Scottish Government opened a consultation on the 17^th February, asking the public how the laws surrounding succession could be fairer and more representative of 21^st century Scotland. The consultation focuses on two key ideas – intestacy rules for surviving spouses/civil partners, and cohabitation rights.

According to the latest figures from Knight Frank, recent investment into industrial property, office and retail space has now led Scotland’s commercial property sector to have one of its most active years yet, with £2.5 billion worth of investment.

The governing body of Scottish solicitors is asking the legal profession and interested stakeholders for their opinion on the law surrounding cohabitants' rights.

New statistics have revealed that 20% of parents in the UK have gifted assets to their children to mitigate inheritance tax.

The Scottish Government has recently launched a consultation on mixed-sex civil partnerships following a Supreme Court ruling and an upcoming change to the law in England and Wales. 

Writing in Scottish Legal News, John McArthur has called for a complete reworking of the current state of taxes in the UK. “Unless the government find a simpler, easier and more streamlined system for collecting Inheritance Tax”, he states, “the system cannot cope with any increase in the number of estates subject to Inheritance Tax”.

A new report into intergenerational wealth transfer has found that over 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) of these expecting to inherit at least £50,000 in fixed assets or money. 

British adults can be secretive about their finances and many don’t even share important pieces of information with close family members, which can be problematic when someone passes away. 

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. 

Dying Matters Week is taking place from 14th – 20th May this year, and to mark the occasion Royal London published new research that highlights the top five tasks people should carry out now to help their loved ones after they pass away. 

The Office of Tax Simplification (OTS) has published a call for evidence and an on-line survey to gather information about people’s experience and perceptions of Inheritance Tax.  

People are increasingly willingly to leave part of their estate to a charitable cause close to their heart, according to new figures released by Remember A Charity. 

In an interesting case from Wales, a judge in Cardiff’s High Court has taken the unusual step of overturning a deceased man’s will to award property and some money to his long-term partner, reports the Daily Mail. 

New research by Canada Life has found that as many as one in 25 people in the UK have inheritance expectations amounting to at least £1 million. For one in 50 people, these expectations exceed £5 million. 

New research has revealed a lack of awareness amongst cohabiting couples of what their legal rights would be should their partner pass away. 

People are increasingly living their lives online and the question of how someone’s digital assets and accounts should be handled after their death has become the subject of some debate. 

The Chancellor of the Exchequer, Philip Hammond, has apparently written to the Office of Tax Simplification (OTS) to request that it carry out a review of Inheritance Tax (IHT) in the UK. 

As many as 64% of adults in the UK are leaving their final wishes to chance by failing to prepare a will, Macmillan Cancer Support has warned. Worryingly, this includes 42% of people over the age of 55. 

A new report from the Resolution Foundation has revealed millennials are in line to receive the largest and most wide-reaching ‘inheritance boom’ of any post-war generation. However, this won’t come in time to solve their home ownership and wealth inequality woes. 

Two men in Ireland have announced that they intend to marry each other, even though they are both heterosexual, reports the BBC. 

The news that HMRC is projected to receive more inheritance tax (IHT) than initially forecast over the next five years should ring alarm bells for people with estates that are likely to be valued over the IHT threshold. IHT planning should now be a fundamental part of estate planning for everyone in this situation.  

The Law Commission for England and Wales recently conducted a public consultation exercise over reforms to the laws governing will writing in England and Wales.

A 65-year-old man has appeared in court in Edinburgh after admitting he forged a relative’s signature on a fake will, reports the Evening News.

In an interesting will dispute case from Australia, Brisbane Supreme Court has ruled that an unsent text found on the mobile phone of a deceased man can be taken as his official will, reports the BBC.

New research has revealed that the over-50s are choosing to cut back on personal spending so they can build an inheritance pot for their loved ones. However, their children don’t share this view and would rather their parents spent their money on themselves during retirement instead of leaving it behind.

New research by Royal London has revealed that around 70% of adults in Ireland do not have a will in place.

Charity will campaign Will Aid has highlighted the importance of keeping your will up-to-date to reflect any changes in personal circumstances.

New research has revealed that working age adults in Britain are not banking on a substantial inheritance to secure their financial future.

Only around half of UK adults have made a will, according to will writing campaign group Will Aid.

The Law Society of England and Wales has welcomed the launch of a public consultation exercise by the Law Commission over proposed reforms to the laws relating to will-writing.

Over a year after Prince’s untimely death, a judge in Minnesota has named the singer’s sister, Tyka Nelson, and his five half-siblings as heirs to his estate, reports the Independent.

New research from Prudential has revealed that financial advisers are forecasting a sharp rise in demand for inheritance tax (IHT) advice.

In a recent interesting case from Canada, a man has been told that he is not entitled to any inheritance from his grandmother’s estate because he was born ‘out of wedlock’, the Toronto Star reports.

New research into gifting behaviour has found that parents want to give away early inheritance gifts to help their children financially now rather than making them wait.

The UK Government has recently announced that it will no longer be progressing plans to increase probate fees in England and Wales.

Having an open conversation about estate planning is still proving difficult for many people, according to new research from Canada by BMO Financial Group.

Charity consortium Remember A Charity has called on the UK Government to do more to encourage legacy giving by making the cost of writing a will containing a charitable bequest exempt from VAT.

The Charities Aid Foundation (CAF) has been left a book of rare autographs as part of a generous legacy. CAF works with more than 50,000 charities and helps 250,000 people give to good causes.

A charity has launched a new campaign highlighting the importance of people officially recording their medical care and treatment wishes in case injury or illness leaves them unable to make these decisions for themselves in future.

Recent research from the United States has found that only 42% of adults have estate planning documents such as a will or living trust in place. The percentage is even lower among those with children under age 18 (36%).

According to a recent report by USA Today, only around 1% of senior citizens in China have written a will or conducted some other form of inheritance planning exercise, which is beginning to cause problems regarding the transfer of wealth.

New research from the Institute for Fiscal Studies (IFS) has found that younger generations are likely to inherit much more wealth than their predecessors did, both in absolute terms and relative to their other sources of wealth. However, within each generation, those who are already well off tend to inherit the most, and this has implications for inequality and social mobility.

The UK’s Acceptance In Lieu scheme has helped to secure a wide number of truly exceptional works of art into public collections in the last year, according to the Arts Council’s Annual Report.

A German man, who had been held as a Prisoner of War (PoW) in Scotland, has left a generous bequest to the Scottish village where he was detained, reports the BBC. 

If you ever find yourself named as a beneficiary in a will, then normally the bequest that you receive is quite straightforward, such as a sum of money or a treasured memento. However, this is not always the case.

A new report has highlighted the extent of the pensions and savings gap in the UK, with many adults failing to save enough money to provide for a comfortable retirement.

A recent survey has revealed a worrying lack of understanding of inheritance tax (IHT), which could leave many families suddenly facing an unexpected tax bill.

A recent study from Canada has given an interesting insight into the older generation’s views on spending all their money verses leaving an inheritance for their children.

A major full-length portrait by Sir Joshua Reynolds of the 5th Earl of Carlisle has been accepted in lieu of inheritance tax for the nation.

New research by Saga Investment Services has found that the proportion of properties sold in England and Wales above the £325,000 Inheritance Tax (IHT) ‘nil-rate band’ looks set to reach record levels in 2016.

The ongoing saga of who will inherit Prince’s estate following the singer’s death earlier this year has taken a new turn, with a Judge apparently denying the claims of close to 30 hopeful beneficiaries, reports the Telegraph.

New research by Saga Investment Services has revealed that a growing number of over-50s are planning to hold back savings in their pension to pass on their wealth tax-efficiently.

It can be difficult for families to initiate discussions about important topics such as retirement preparedness, eldercare and estate planning, but a recent survey by Fidelity Investments has found that children are more prepared to help out than parents might think.

A wealthy family has changed the inheritance rules linked to the estate that has been in the family for generations, to ensure that the same-sex partner of any gay descendants will be entitled to a life-interest in the property, reports the Daily Mail.

A judge at the High Court in Ireland has been asked to decide whether the signing of a ‘home-made’ will had the effect of revoking previous wills, reports the Irish Independent.

New research has revealed that the proportion of new retirees who know they will be able to leave an inheritance to their loved ones has fallen to its lowest level in six years.

The latest RICS UK Residential Market Survey has revealed an increase in the supply of Scottish residential properties coming on to the market during April, which is the first increase in three months.

The head of one of the leading think tanks in the UK has stated that the government should consider overhauling inheritance tax and how the system works in the UK.

The next ten years will see a dramatic rise in the number of men working part-time, according to a new report from the UK Commission for Employment and Skills (UKCES).

An interesting new piece of research by Lloyds Bank has revealed that first-time buyers in the UK are on average £865 (10%) a year better off with their own home compared to those who rent.

The Scottish Parliament has recently published new legislation that will introduce a supplement on purchases of additional residential properties in Scotland.

There has been a sharp fall in the number of divorces granted to wives during the early years of marriage, new research has found. According to pro-marriage think tank, Marriage Foundation, the number has fallen by as much as 50% since 1986.

Workplace bullying is a growing problem in Britain and many people are too afraid to speak up about it, according to a new study by Acas.

The Scottish Government have announced further funding for the Open Market Equity Scheme in the hope that it will provide first-time buyers with more support when getting on the property market.

An extension to existing legislation has meant that couples who have a civil partnership registered abroad or elsewhere in the UK can now marry in Scotland.

Figures based on September’s property markets showed a minor increase in the number of properties sold with an increase in the number of properties on the market cited as the main reason.

The number of people unemployed in Scotland has risen by 18,000 in the last three months according to official figures. Worryingly, this indicates that Scotland is bucking the UK trend with the number of unemployed falling throughout the country.

The pay level for the considered adequate standard of living is not being met by many employers outside of London with one in four jobs failing to pay the living wage. 23% of jobs outside of the nation’s capital failed to pay the living wage with 19% not paying the wage in the city.

Following the political change and taxation differences, the Scottish property market is seen by many as a recovering market, or one that is a potential risk. However, according to a new analysis report, the Scottish property market remains a solid opportunity for investment.

A landmark case from Europe’s highest court has redefined the definition of employment with the court ruling that in the eyes of the law time taken to travel to and from work each day should count as working time.

The Scottish Government are to consider scrapping the controversial employment tribunal fees stating that the fees serve only as a “restriction to justice”.

HMRC and the Department of Business and Innovation and Skills (BIS) are to launch a crackdown on companies not paying the minimum wage.

According to the latest figures on employment, Scotland is the only nation bucking the unemployment figures seen across the rest of the UK.

The Scottish Government has launched a consultation over proposals to implement a new code of practice for letting agents and the requirement for letting agents to undergo training before they can be added to a register.

Amazon, the world’s largest online retailer, have been accused of creating a hostile culture for workers following a New York Times report.

Following a radio show on BBC Radio 4, a campaign has been launched to bring adultery laws up to date with the issues that exist in the 21st Century.

A daughter has lost her stake in her father's home after she was deprived of her inheritance due to a botched will from a will-writing service.Ebenezer Aregbesola used Barclays' £90 will-writing service to create a will to hand down his inheritance to members of his family. His will instructed half of the London home to be given to his daughter,Tinuola Aregbesola, on his death.

Honda has agreed to pay a £15-million settlement agreement over claims that it discriminated against some customers based on race.

A Sikh postman working for Disney has won a legal case over claims that he was forced to work out of sight of visitors so that they would not see his beard or turban.

Female employment in Scotland has hit a record high according to statistics from the Scottish government with employment across the country also rising.

Last minute talks are underway in a bid to stop CalMac workers going on strike on Friday. Caledonian MacBrayne ferry staff are to go on strike on Friday but will stop working any overtime as of Wednesday.