Harper Macleod LLP

This Practice Note, written by Jacqueline Leslie of Harper Macleod LLP, deals with the procedure for obtaining confirmation in intestate estates, ie where there is no Will, dealing specifically with those aspects which differ from testate estates.

This Practice Note, written by Jacqueline Leslie of Harper Macleod LLP, describes the procedure for obtaining confirmation in Scotland in testate estates in situations both where no inheritance tax (IHT) is payable and where IHT is payable.

ARCHIVED: This Practice Note has been archived is not maintained. This Practice Note outlines the key procedural stages and rules for judicial review in Scotland. It also sets out key preliminary and pre-action considerations, such as alternatives, standing and time limits.

ARCHIVED: This Practice Note has been archived is not maintained. This Practice Note outlines the definition and scope of judicial review in Scotland, providing introductory guidance to Scottish judicial review claims. It considers key preliminary and pre-action issues, such as who and what can be challenged and by whom, the grounds for bringing a claim, the remedies that can be sought and when judicial review should and should not be used.

This Practice Note, produced in partnership with James Lloyd of Harper Macleod LLP and Stephanie Carr of Thorntons Law LLP, looks at how the debtor’s family home is dealt with in a Scottish sequestration.

This Practice Note, produced in partnership with James Lloyd of Harper Macleod LLP and Stephanie Carr of Thorntons Law LLP, looks at gratuitous alienations (or antecedent transactions) under Scottish law and the powers to scrutinise an insolvent individual’s (ie debtor’s) dealings with and disposals of its assets prior to insolvency. It considers what dealings can be challenged, who can challenge it and the effects of a challenge.

This Practice Note, produced in partnership with James Lloyd of Harper MacLeod LLP and Elisabeth Roxburgh of Axiom Advocates, looks at the use of trust deeds in Scotland by individuals to reach a compromise with their creditors as an alternative to formal sequestration and the process and effect of obtaining protected status.

This Practice Note, produced in partnership with James Lloyd of Harper MacLeod LLP and updated by Sheana Campbell, Devil, The Faculty of Advocates, looks at the role of the Accountant in Bankruptcy (AiB) in Scotland. It considers the role, functions and responsibilities of the AiB.

This Practice Note, produced in partnership with James Lloyd of Harper Macleod LLP and Stephanie Carr of Blackadders LLP, looks at the Debt Arrangement Scheme (DAS) available to individual debtors in Scotland. It considers the role of the Debt Arrangement Scheme administrator, payment distributors, who may apply for a debt payment programme (DPP) as well as the process, revocation, review and appeal.

Produced in partnership with James Lloyd of Harper Macleod LLP and Stephanie Carr of Thorntons Law LLP.

This Practice Note examines the scope and requirements of the specific public sector equality duties which apply in Scotland, enabling listed public authorities to achieve improved equality outcomes in compliance with the general public sector equality duty under section 149 of the Equality Act 2010.

This Practice Note, written by Jacqueline Leslie of Harper Macleod LLP, examines the changes to the law of succession created by the Succession (Scotland) Act 2016 (S(S)A 2016). It provides information on each section of S(S)A 2016, and comments on its effect on the position of the law prior to its enactment.

This Practice Note, written by Jacqueline Leslie of Harper Macleod LLP, covers the requirements under Scots Law for a Will to be formally valid and the requirements which must be met if effect is to be given to a Will.

This Practice Note written by Jacqueline Leslie of Harper Macleod, summarises the considerations for making a Will in Scotland, and describes the contents of a typical Will and the requirements for executing a Will to ensure that effect is given to its terms.

This Q&A considers the position in Scotland on whether you can seek a bankruptcy order for an amount greater than the amount in the statutory demand.

This Checklist, written by Jacqueline Leslie of Harper Macleod LLP, assists practitioners dealing with the administration of an estate where the deceased died domiciled in Scotland.

ARCHIVED: This Checklist has been archived is not maintained. This Checklist sets out the key procedural stages and time limits for judicial review proceedings in Scotland, in accordance with Chapter 58 of the Court of Session Rules.

This Flowchart shows the order of succession where a person dies intestate domiciled in Scotland and leaves no surviving spouse or civil partner.

This Flowchart shows the order of succession where a person dies intestate domiciled in Scotland and leaves a surviving spouse or civil partner.