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25 October 2021 Private Client
A Power of Attorney is something “old people” need. We hear this repeatedly, but it is simply not true. A Power of Attorney is a most useful document to help you manage your affairs, whatever your age. If you have property and assets, we think it’s time to draw up a Power of Attorney. The reason for this is that you don’t need to be old or infirm to need a Power of Attorney. You might have an accident or an illness at any age that prevents you from looking after your own affairs. If you don’t have a Power of Attorney in place, you…
25 October 2021 Private Client
The recent Court of Session decision in the case of Vindex Trustees Limited [2021 CSIH 46] provides some insight into what happens when a beneficiary in a Will does not exist. Vindex Trustees Limited had been appointed as the sole executor in the Will and Codicils of Estelle Brownrigg. Ms Brownrigg had been born in South Africa in 1945 and lived there until her teenage years. She then moved to London and met and married her husband. The couple then lived in Johannesburg, Brussels and Canada and finally moved to Scotland in 2012. The couple didn’t have any children. Ms Brownrigg’s husband predeceased her and…
13 July 2021 Private Client
Don’t leave a legacy of confusion and conflict For a lawyer, or for anyone involved in dealing with the work of winding up someone’s estate, it is simply astonishing that six out of ten adults in Scotland don’t have a Will. Why? Because we regularly see the undesirable consequences of not leaving a Will. And because making one is not particularly expensive or time consuming. It’s understandable, of course, that people dislike thinking of their own mortality and there’s an unfortunate temptation to put making a Will to one side ‘for when we are older’. But a more important reason for not making a Will…
17 February 2021 Private Client
Before the advent of the Adults with Incapacity Act, people would regularly grant a Power of Attorney as a matter of convenience. This was normally done if someone was routinely out of the country and needed someone at home to sign documents. People who lived abroad but had property and business in Scotland might also grant a Power of Attorney to allow their affairs to be dealt with in their absence. However, there were issues with traditional Powers of Attorney because they couldn’t be used if the person who made the Power of Attorney lost capacity. If they had an injury or illness or accident…
15 February 2021 Private Client
When the World Health Organisation declared the coronavirus a global pandemic on 11 March 2020, it caused unprecedented turbulence to everyday lives, perhaps most notably causing a major shift in working practices. Legal professionals were forced to adopt new practices to navigate the obstacles that digital working presented, whilst still delivering the most comprehensive legal advice to clients. Homeworking, as a public health measure, in response to the pandemic has been a crucial factor in mitigating the transmission of the virus amongst the general population, becoming a catalyst for digitalisation and modernisation of traditional legal practices. The preclusion of individuals meeting has facilitated the relaxation…

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