Wills & Trusts Law Reports | Winter 2023 #193On 9 May 2014, the Adult granted a continuing and welfare power of attorney in favour of her son and one of her daughters (who consented to be attorneys) (the First PoA). A statutory certificate confirming the Adult’s capacity to grant the First PoA was signed by her solicitor. The First PoA was registered by the Office for the Public Guardian (OPG) on 21 June 2014.
On 17 November 2020, a consultant psychiatrist diagnosed the Adult with early Alzheimer’s Dementia, and assessed the Adult as having a short-term memory of 5-10 minutes. The psychiatrist gave evidence that the Adult wa...
Dr Dianne Millen provides practical tips from Scotland on negotiating the no-fault landscape While there are good reasons why fault grounds have been critiqued by practitioners and policymakers across the UK, it is also important to recognise that the desire to maintain cordial relations may sometimes need to be subordinated to the need to litigate …
Continue reading "Scotland: View from the north"
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In the conclusion to a two-part analysis, Fiona Turner and Noel Ferry analyse key differences as to financial provision in Scotland when compared with England and Wales In Scotland, if the value of an asset has crashed post-separation, this is irrelevant when establishing the extent of matrimonial property which should be shared, as will be …
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In the first of a two-part consideration, Fiona Turner and Noel Ferry compare divorce and dissolution in England and Wales and in Scotland Divorce or civil partnership dissolution proceedings can be brought in Scotland immediately after a wedding or civil partnership registration, rather than waiting one year as in England and Wales. With increasingly different …
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Wills & Trusts Law Reports | December 2015 #155This case concerned whether a Florida attorney who had not obtained a grant in the UK had capacity to receive the proceeds of certain life insurance policies. The proceeds of two life assurance policies were held in trusts established by Mr Pinder and his then wife (Mr Pinder’s trust and Mrs Pinder’s trust respectively). Both trusters are now deceased and the sums assured under the policies became payable on the second death on 17 November 2010. On Mr Pinder’s death he was the sole remaining trustee of his trust and on his death the trust became a lapsed trust. On 2 March 2011 letters of...
Philippa Cunniff contrasts the approach of the courts in Scotland to spousal maintenance to that of England and Wales ‘The Scottish courts have generally adopted a cautious approach to awards of periodical allowance, with the result that Scotland has gained a reputation for its lack of generosity towards the economically weaker spouse.’There is a general …
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