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Wills, Succession and Estate Planning

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The ‘Free Britney’ movement: Do Conservatorships exist in Scotland and what are my options?

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You may have noticed #FreeBritney trending on social media recently causing you to ask Google ‘Do Conservatorships exist in Scotland?’ Charlotte and Sian discuss the legal concept of a conservatorship, Scotland’s equivalent mechanism, and whether there are any steps that you can take now to avoid the upset and distress experienced in Britney’s situation.

What do Britney Spears and Private Client Law have in common? ‘Not very much’ you might say. However, in light of the recent ongoing high-profile litigation in Los Angeles surrounding Britney and her father, Jamie Spears’ ‘Conservatorship’, the answer to this question might be a little different than it appears at first glance.

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What is a Trust and Why Should I Care?

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I know, I know – who wants to read about trusts!? It’s either too boring or too complicated to get into and nobody really has enough time in the day to delve any further. But, please humour me – trusts are actually quite interesting and could be extremely useful for you and your loved ones. So what is a trust and why should you care?

What is a trust?

Generally speaking, trusts are regarded with much suspicion amongst the general public. This is likely caused by the regular negative press that trusts have received over recent years. The perception is that trusts are a tool for tax-evaders or those with significant wealth. This misconception is not assisted by the fact that many people do not understand what trusts can be legitimately used for, how they work or why they should exist at all. But I am here to break it all down for you…

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Starting a family using fertility treatment? Your first step should be to put a Will in place

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Making the decision to start a family is an important and exciting life event. For some people, fertility treatment will become a necessary part of the process, and if that is the case for you it may be even more important to consider the terms of your Will.

When you embark on the fertility treatment process, it is important that you ensure your personal affairs are reviewed and up to date – and this includes putting a Will in place. This means that you can have peace of mind that your wishes will be respected after your death, should the worst happen.

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Trusts and land taxes – when is tax due?

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Sara Albizzati discusses the relationship between trusts and land taxes and opportunities for tax planning.

Except in limited circumstances, you must pay Land and Buildings Transaction Tax (LBTT) if you buy a property or land over a certain price in Scotland within 30 days of completion, or Stamp Duty Land Tax (SDLT) if you buy a property or land over a certain price in England and Northern Ireland within 14 days of completion.

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Who looks after my children if I die? Pt. 2 – Financial decisions

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David White discusses how you could ensure that your children’s financial situation was looked after should anything ever happen to you while they were still young.

Last week, we considered what happens when a child’s parents die whilst the child is still of a young age. The importance of a ‘Guardian’ was highlighted and it was recommended that appropriate provision for this be made in your Will. Whilst this appointment caters for the child’s welfare, the law treats the child’s finances separately. As such, in this part, we consider what financial decisions require to be made and how you can prepare for this.

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Who looks after my children if I die?

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Solicitor David White discusses the difficult question some parents might have to face: “Who looks after my children if I die?” and outlines what provisions parents can make to ensure their children are looked after should the unimaginable happen.

Who looks after my children if I die?

Naturally, all parents hope to live and see their children enjoy long lives. So, it can be uncomfortable to imagine passing away leaving a young child behind. It is a very common misconception that, if the worst was to happen, a family member will automatically step in such as a grandparent or the parent’s siblings. However, as with most aspects of succession law, this is not the case! If you have not put in place the appropriate arrangements, it falls to the court to decide what should happen next.

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