Archive for June, 2010
Wednesday, June 16th, 2010
House selling in Scotland has just become a little bit less painful for sellers using the Central Solicitors Property Centre. The CSPC has just launched a new “no sale no fee product” which will allow sellers to market their house with normal marketing costs being taken on credit up front, not out of the sellers pocket, and not being paid by the seller at all if the property does not sell within a nine month period.
The product is actually a clever combination of a credit facility and an insurance – which pays out the normal up front costs of marketing if the property does not sell within the nine months. On the other hand, if the property does sell within that period these costs would be paid out of the sale proceeds. The seller would only be left paying for the service which costs £70 for up to £1000 of credit and £110 for up to £1250 worth of credit. The policy would also pay the up front costs if a property had to be taken off the market for issues like serious illness or redundancy.
David Borrowman, Managing Partner of Caesar and Howie, welcomes this development. “Many, would be sellers, are put off by the high costs of marketing a property now – particularly the cost of the Home Report. We think the government should abandon Home Reports and the market will then improve. But until that happens this new product at least will make it easier for people to test the market for sale of their house.”
Property Consultant John Renton, also welcomes the no sale no fee development. “This will definitely be attractive to some house sellers in Scotland. But it is important to be aware that conditions apply to the deal. The seller must market at a price not in excess of the Home Report valuation, and must actively market the property throughout the nine month period. In addition the house seller must accept reasonable marketing advice and reasonable offers. But I think these conditions are relatively fair and if people wishing to sell their house in Scotland are realistic in the prices they seek this product will definitely help.”
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Thursday, June 10th, 2010
Scotland has a very generous legal aid system for pensioners. A pensioner can be on a state pension, have a modest private income, £26,664 of savings and still get legal aid for vital issues. For a pensioner couple the limit is £26,999. Issues of most interest to pensioners are writing a Will, appointing an Attorney to look after the pensioner‘s affairs should that person fall ill and become incapable of dealing with things. There is also an increasing demand amongst pensioners to prepare Advance Healthcare Directives (otherwise known as Living Wills) which state the person’s wishes regarding medical treatment in extreme situations. But legal advice is also available for many other matters covered by the Legal Advice and Assistance Scheme.
However, this year the Scottish Legal Aid Board have already intimated an increase in civil applications of 24%. This and the certainty of government cuts to come could mean that this generous benefit to pensioners could be under threat in the future.
David Borrowman, Managing Partner of Caesar and Howie, states “We believe probably over 80% of Scottish pensioners could have their affairs put in order either free or at a significantly subsidised cost using legal aid. Having these documents in place is massively helpful to families. Powers of Attorney in particular, can save families the stress of court actions should a family member become unable to look after themselves.”
It is possible however that legal aid will be less easy to get in the future. David continues “I understand the Scottish budget is protected for this year but will not be after that. I hope legal aid is ring fenced since it helps the more vulnerable in our society – but who knows what may be cut in the future. My advice to senior citizens is to act now – get these family care documents done whilst legal aid is available.”
Posted in Legal Aid, Our News | No Comments »
Thursday, June 10th, 2010
One of the most important documents anyone will sign in their life is their Will. The purpose of a Will is legally to transfer a person’s property to other parties on death. That means the Will itself is a document of fundamental legal effect. It should be written in such a way as to comply with the mass of law surrounding the transfer of property and the validity of legal documents. Despite that, in Scotland Will writing is not regulated at all – anyone can call themselves a Will Writer and many people do operate as Will Writers who have no legal training. The Scottish Government has now announced that it intends to close this loophole and put in place a regulatory framework under which Will Writers will have to operate.
Caesar and Howie welcome this move. Senior Partner Ivor Klayman comments:
“This proposal is important and in my view cannot come quickly enough. I’m sure there are capable non – solicitor Will Writers out there but that is not the point. How can clients be sure that a Will Writer has the necessary legal expertise to write a Will validly and safely? Only regulation can give some comfort here and I am all for that.”
Sarah Patrick, Executry Partner at Caesar and Howie agrees. “I’m afraid I have seen some not great work done and high fees charged by non – professional Will Writers – even if this is not the story across the board. But, I have had a long and arduous legal training – as do all lawyers – and I think that it is necessary to have this background to prepare Wills safely.”
Posted in Wills and Executries | No Comments »
