Today is the first ever national Power of Attorney day in Scotland. This is part of a campaign by Health and Social Care Scotland to raise awareness of Powers of Attorney and encourage people to seriously consider if they require one.
It is now very common for couples to live together who are not married or in a civil partnership. Such couples are defined as “cohabitees”.
Most cohabiting couples assume that they would inherit from their partner’s estate in the event of their death. Unfortunately, this may not be the case.
The Financial Conduct Authority has fined Santander almost £33 million for failing to transfer over £183 million of deceased customer’s funds when they should have. This directly affected 40,428 customers.
We regularly advise our clients to have three documents: a Will, a Power of Attorney and an Advance Medical Directive. All three are essential documents for estate planning.
The Competition and Markets Authority have found that funeral costs have increased by two-thirds in the last decade – this was approximately three times the rate of inflation.
Legal loophole – can you force an Executor to resign where they are convicted of murdering the deceased.
Recently we have been in the unfortunate situation of having to advise the family of a murder victim that the person convicted of the murder is appointed to act as the Executor to the victim’s estate. Many other families of murder victims in Scotland have been surprised and shocked to learn that the convicted killer of their loved one can act as the Executor to the estate of their victim. Whilst an Executor can not change the terms of a Will and a convicted murderer can not inherit from their victim’s estate, the Executor does have power to make decisions about the management and distribution of the property of the deceased, depending on the terms of the Will.
A recent English case has warned of the perils of not keeping your Will with your Solicitors Firm as the failure of a family member to locate the Will of a recently deceased woman caused a dispute between the people who were entitled to inherit under the Will and a “belligerent, wholly cavalier and reckless” TV heir hunter who ignored the existence of the Will and tried to take a 40% cut of an estate worth around £630,000.
Recent figures released by the Mental Welfare Commission demonstrate that there is a continued rise in the use of Guardianship Orders in Scotland.
The number of existing Guardianship Orders in 2017-18 has increased by 12% since 2016-17. There has been a 5% rise since 2016-17 in relation to the number of new Welfare Guardianship Orders. This is a 149% increase in the 10 years.