Our Guides & FAQ's

Selling a Property

Common Problems Encountered When Selling

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

Selling Houses in Scotland - FAQ

Is the Spring the best time to sell?

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

A Guide to Selling Houses

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

Buying a Property

Buying a House in Scotland - FAQ

Do you always need a deposit to buy a house or can you get a 100% loan?

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

The House Buying Process

Arranging the Finance

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

Other Services

Powers of Attorney Guide

In Scotland all persons over the age of 16 are presumed to have �legal capacity�. �Legal capacity� is the ability someone has to make decisions for themselves and to look after their own affairs. Read more

Inheritance Tax Guide

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

Parental Rights and Responsibilities

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

Guardianship and Intervention Orders In Scotland

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

Scottish Powers of Attorney

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

Guide to Executries (Scotland)

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

Guide to Equity Release

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

Why Make A Will (Scotland)

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

FRI (Full Repairing and Insuring) Leases

An FRI lease is the abbreviated term for a lease which imposes full repairing and insuring obligations on the tenant, relieving the landlord from all liability for the cost of insurance and repairs. The majority of leases of commercial property will be of this type, with the landlords heavily protected to ensure they have as good an investment as possible by passing on as many costs as possible to the tenant. Read more

Planning for Care Costs

If you own your own home and you want to make sure that your children inherit it but you are worried that your house might have to be sold to pay care costs, you should take early action to protect your children’s Inheritance. Some terms need explanation. Read more

Guide To Discretionary Family Trusts

Many people are unfamiliar with the concept of a “Trust”. It is however a relatively simple legal concept whereby property is owned and managed by one party‐ the trustees‐ for the benefit of others‐ the beneficiaries. The trustees have legal title to the property but they are required to deal with the property in
the interests of the beneficiaries. The beneficiaries do not have legal title to the property. Read more

Guide to Advance Directives

It has long been recognized in Scotland that an adult with legal capacity has the right to influence his or her medical treatment. This includes the right to refuse to accept medical treatment at all if the adult so wishes. Some people refuse certain treatments due to religious beliefs. More commonly nowadays people
refuse certain treatments because of possible side effects or because they believe coping with the illness may be easier than accepting significant
treatments which may have limited chances of success.. Read more

Guide to Advance Statements

The Mental Health (Care and Treatment) (Scotland) Act 2003 provides a framework for the compulsory treatment and detention of people suffering from a mental disorder. The Act however seeks to give patients various rights with the Mental Health Tribunal and the Mental Welfare Commission for Scotland providing safeguards for patients against the abuse of powers of compulsion. This is not the place to review the Act itself but it is important to note that the Act is based on a set of principles which create various rights for patients. One of these rights is for a person suffering from a mental disorder to be entitled to write an Advance Statement which would normally influence any treatment or therapy received... Read more

Guide to Making Your Will

Your will should reflect your wishes and yours alone.  Many wills follow a fairly standard path with the whole property of the deceased going to their spouse in the first instance and to the children should the spouse have died first.  However there is no compulsion on anyone to follow that pattern.  The most effective wills show care and thought for loved ones.   However as well as care and thought some practical considerations should be brought into account.  Here are some tips to help your thinking.... Read more