General election 2019: tax policies
Given the political upheaval surrounding the latest general election, it is perhaps unsurprising that many voters will be less focused on tax reform, and more concerned about Brexit. However, the...
Agricultural leases: Trustees of the Gannochy Trust v Messrs J & K Steel
The Scottish Land Court has declined to accept that a tenant withholding their rent due to the landlord’s failure to fulfil their obligations under a lease is a valid defence...
Challenging a will in Scotland: facility and circumvention
This note will be the second in a four-part series covering the grounds on which a will can be challenged in Scotland. This section considers a challenge on the grounds...
Letters of wishes: guidance from beyond the grave
A letter of wishes is a private document which sits alongside a will. It is not legally binding upon the executors and trustees but it serves as useful guidance in...
Residential property: systems and appliances in ‘working order’?
A potentially contentious and often misunderstood issue in any house purchase or sale is the position with regard to the central heating system and other systems (water, drainage, gas and...
Cultural objects and treasures: do you have a Lewis chessman?
Conservation and preservation of national heritage objects for public benefit is a longstanding policy of successive governments. However, cultural objects and treasures can present owners and their successors with a...
New Bill amending the law relating to children
The Scottish Government has published the new Children (Scotland) Bill which attempts to place focus on further safeguarding the welfare of children in family cases.
Challenging a will in Scotland: capacity
In an increasingly litigious society, private client solicitors in Scotland are frequently faced with queries from clients regarding the possibility of challenging wills of family members. Challenging a will is...
Vehicular rights of way and parking
by Jamie McNish, Trainee Solicitor. Public rights of access are something which all landowners in Scotland should bear in mind when managing their property, especially where that property contains areas...
Tenant farming commissioner publishes guide to the transfer of agricultural tenancies
The Scottish tenant farming commissioner (TFC), Bob McIntosh, has published a guide which outlines the ways in which an agricultural tenancy can be passed on by a tenant to a...
Surrogacy: are the UK’s laws outdated?
The Law Commission of England and Wales and the Scottish Law Commission have recently published a joint consultation paper, Building Families through Surrogacy: a new law. The commissions label the...