If anybody has bought and sold a house recently they will probably know that quite often any problems encountered when trying to negotiate the contract between the buyer and seller arise from practical issues rather than a legal issue. This article will look at some common practical problems which have to be dealt with by our conveyancing team. Read more
This is a commonly held view but we don’t think it is really true. Property sells all year round in Scotland – and strangely enough January and February can be really busy months unless the weather is dreadful. There are probably only two times in the year which can be quieter in terms of less purchase enquiries. One period is the middle of the school holidays in the summer and the other is the two or three weeks run up to Christmas. Read more
Caesar & Howie property staff work hard to achieve the sale of our clients’ properties as quickly as possible and at the best price obtainable in the market. Our networked computer system enables details of all properties for sale to be held in every office. In each Centre our staff will therefore be able to deal with any enquiries concerning your property and in particular give potential purchasers every possible assistance in pursuing their interest in your property. Read more
It depends on the mortgage market at the time. In 2007 for example 100% loans were commonplace. In 2008 these have dried up and even 95% loans are difficult to get. Better to assume you need a deposit of 10% - some lenders want even more. Read more
Before offering to buy a property it is necessary to arrange how to pay the purchase price. This must always be done before offering as once an offer is made it can quite quickly become a binding contract. Caesar & Howie Staff can arrange a loan in principle before clients offer, but occasionally clients make their own loan arrangements. Usually at the stage when the offer is made, whilst the loan is arranged the actual paperwork will not have been fully completed. This is quite normal in Scotland, but immediately you hear from Caesar & Howie that your offer is going to be successful, you should again contact our Mortgage Staff (or the lender direct if you have made your own arrangements) to ensure that all the necessary steps are quickly taken. If you have any questions, always feel free to contact our staff for advice. Read more
Many people are under the mistaken apprehension that Inheritance Tax is a tax on the wealthy. This statement might have been accurate when it was first introduced in the 1970’s but due to recent surge of property prices it can no longer be relied upon. Read more
We are often asked to give advice on this area of Child Law. The law has recently been changed under The Family Law (Scotland) Act 2006.
If you have parental rights over a child then you have the ability to control, direct and guide your child in a manner appropriate to their stage of development. This includes a right to decide and consent to medical treatments and how the child should be educated. You also have the right to have your child living with you or maintain direct contact with them on a regular basis. Read more
When somebody has lost their capacity to make decisions for themselves and they have not previously granted a Continuing Power of Attorney, an Intervention or Guardianship Order may be required. The local court will grant such an Order appointing and authorising somebody to act on behalf of the incapacitated adult. Read more
There has been a lot in the news recently about a change in the law allowing people to grant Enduring Powers of Attorney. This recent change in the law actually refers to English and not Scottish law. It has been possible to grant a very similar type of Power of Attorney in Scotland since the year 2000. Read more
The Executry Department in a legal office is the Department that deals with administration and winding up of the estates of people who have died. For the surviving family and friends it is often a very distressing time. They may find the legal process difficult and often bewildering. This article, therefore, sets out an outline on the legal procedure which must be followed to allow the deceased’s estate to be wound up and distributed to the beneficiaries. Read more
Many people today are reaching retirement with a smaller nest egg than they had hoped, mainly due to a level of pension being less than anticipated. Additionally people are living longer and many retired people are concerned that their savings will not be sufficient to allow a standard of living they were hoping for. It is worth knowing that extra money can be raised from an Equity Release Plan. Read more
At present just under 70% of the adult Scottish population do not have a Will. Perhaps the reason is that people do not want to think about dying. Many people are also under the misconception that their estate will be inherited by their spouse and close family anyway so there is no need to go to the expense of having one drawn up. Read more
