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Murray Beith Murray LLP is a leading Scottish private client law firm.

For 175 years we have specialised in meeting the legal, financial and administrative needs of individuals and families, family trusts, charities and private companies.

Call us today on 0131 225 1200
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The Lasting Power of Attorney Bill: What it means for English Powers of Attorney

Adam Swayne

A Power of Attorney allows you to make provision in advance for the possibility of you becoming incapable of managing your own financial and welfare affairs during your lifetime. This becomes increasingly important as the risk of supervening mental incapacity grows through longevity, illness, or accident.

The standard form of Power of Attorney in England and Wales is the Lasting Power of Attorney (LPA). These forms can either be to cover Property and Financial Affairs, or Health and Care Affairs. In practice, these forms can be very difficult to complete as they must be signed and dated in a very specific order and the smallest mistake will result in the application for registration being rejected. It is widely accepted that the procedure can be confusing, inflexible, and bureaucratic.

Since the introduction of LPAs in 2007, the world has changed with the growth of technology and people’s expectations have changed with it. The Government has decided to reform the process of making and registering LPAs in England and Wales to make it safer, easier, and more sustainable.

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What happens if you don’t review your Succession Planning?

Kathryn Johnston

Your succession planning is not an exercise to carry out and then forget. You must be vigilant throughout your life to ensure your end-of-life wishes can be fulfilled and that your estate planning remains effective.

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Does divorce revoke a Will in Scotland?

Peter Shand

The short answer to this question is “No”. However, getting divorced can have a serious impact on your Will. The Succession (Scotland) Act 2016 radically changed the Act of the same name from 1964, with the impact of divorce being centre stage. So, whilst divorce does not revoke a Will in Scotland, ignoring it can have serious consequences.

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Who has a legal right to see a Will after death?

Jennifer Gray

Many of you will have watched a TV show or film where the family or friends of a deceased meet in the lawyer’s office for “the reading of the Will”, often with dramatic revelations and surprises about the nature of the estate and who inherits it. In Scotland it is usually the executors named in the Will who have the initial meeting with the lawyers. Often, but not always, they are also beneficiaries of the estate. The meeting is usually much less dramatic as, in the majority of cases, the deceased is likely to have discussed the Will with his or her family during their lifetime.

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Can you remove yourself as an executor of a Will?

Carol McGovern

Sometimes people are appointed executors and quickly find themselves overwhelmed by the responsibilities. Whilst being an executor is a privilege – someone trusts you to look after their affairs after they have died – it also comes with onerous obligations. This is why you might wish to remove yourself as an executor. Before looking at the mechanisms to remove yourself as an executor, it is important to consider the duties the role of executor entails.

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Call us today 0131 225 1200 or get in touch with us via our online enquiry form