Glossary of Scottish private client words and expressions This is a glossary of common words and expressions used in Scottish private client law with the nearest England and Wales equivalent (where relevant) and links to useful websites. Ab intestato Meaning Nearest English equivalent From a person dying intestate; description of property acquired according to the rules of intestate succession. None Action of specific implement Meaning Nearest English equivalent An action which requires the court to grant an order requiring a party to perform a specific act. In Scotland, there is no distinction between equitable and legal remedies as there is in England and Wales. Specific performance (an equitable remedy available for breach of contract that may be granted in addition to or instead of damages) Advance notice Meaning Nearest English equivalent A notice (registered in the relevant property register) to protect the grantee of a deed intended to be registered in the Land Register of Scotland. The 35-day protected period starts on the day after the advance notice is registered. The grantee is protected against the granter being inhibited during the protected period and the protected deed is given priority over competing deeds registered in the protected period (except for statutory notices of potential liability for costs). Priority search Affidavit Meaning Nearest English equivalent A written statement
Application for confirmation in Scotland—intestate cases Coronavirus (COVID-19) : Due to potential difficulties in having paperwork signed during the coronavirus (COVID-19) pandemic, HMRC has confirmed that it will accept IHT400 forms that have not been physically signed by the PRs provided that there is a professional agent acting, the PRs’ details are included on the declaration page and the account includes a clear and unambiguous statement from the agent confirming that all the PRs have seen the account and have agreed to be bound by the declaration. In addition, HMRC is not accepting payment of IHT by cheque and is no longer issuing repayments by cheque. It is unclear whether both practices will remain in place long term. See: Inheritance tax account (IHT400) and Coronavirus (COVID-19)—Inheritance Tax process changes, LNB News 15/04/2020 66. For updates on key developments and related practical guidance on the implications of coronavirus for practitioners, see: Coronavirus (COVID-19) and Private Client—overview and Coronavirus (COVID-19) toolkit. This Practice Note deals with the procedure for obtaining confirmation in intestate estates. For testate estates, or those aspects of applying for confirmation which are the same for both testate and intestate estates, see Practice Note: Application for confirmation in Scotland—testate cases. Appointment of executor Order of succession The rules of intestate succession are set out in the Succession (Scotland) Act 1964 (S(S)A 1964). The rules provide a hierarchy as to entitlement
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Continuing and welfare power of attorney By [name of granter] In favour of [names(s) of Attorney(s)] (Continuing and Welfare Attorney(s)) [year] [Agent details] Ref: [...] I, [name of granter], residing at [granter’s address], hereby appoint: 1 [name and address of first continuing Attorney] [and/whom failing name and address of second/substitute continuing Attorney] [and so on] to act as my Continuing Attorney(s) (my Continuing Attorney(s)) in terms of section 15 of the Adults with Incapacity (Scotland) Act 2000 (which Act and subsequent amendments of it are referred to in this Power of Attorney(s) as the Act) from the date of this Power of Attorney(s) with the General Powers defined hereafter and particular powers specified in clauses 1 to 13 inclusive (Continuing (Financial) Powers) and clause 15 of this Power of Attorney(s); and 2 [name and address of first welfare Attorney] [and/whom failing name and address of second/substitute welfare Attorney] [and so on] to act as my Welfare Attorney(s) (my Welfare Attorney(s)) in terms of section 16 of the Act with the General Powers defined hereafter and particular powers specified in clause 14 (Welfare Powers) and clause 15 of this Power of Attorney. Declaring that: • I intend this Power of Attorney(s) to be a Continuing and Welfare Power of Attorney as defined in Sections 15 and 16 of the Act; • My Continuing Attorney(s) shall be entitled to exercise the Continuing (Financial) Powers and my Welfare Attorney(s) shall be entitled
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