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22 Contributions by Blackadders Experts

Will Precedent (Scotland): Nil Rate Band Discretionary Trust; Residuary Estate to Spouse, Whom Failing Issue; Trustee Powers including Digital Assets; Accounting for Advances
PRECEDENTS
Will Precedent (Scotland): Nil Rate Band Discretionary Trust; Residuary Estate to Spouse, Whom Failing Issue; Trustee Powers including Digital Assets; Accounting for Advances
STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime. Finance Act 2025 (FA 2025), which received Royal Assent on 20 March 2025, abolishes the remittance basis of taxation and introduces a residence-based system from 6 April 2025. It also replaces domicile as the principal criterion for determining exposure to inheritance tax. Amendments to the rules for deciding excluded property status Abolition of protected settlements status for offshore trusts Changes to overseas workday relief For information on these developments, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates (Finance Bill 2025) and Finance Act 2025. FORTHCOMING CHANGE relating to changes to agricultural property relief and business property relief At the Autumn Budget 2024 on 30 October 2024, the government announced a reduction in the amount of APR and BPR
Private Client
Scottish dispositions: drafting checklist for real burdens and title conditions—creation, affirmative/negative and reciprocal burdens, use/building restrictions, personal burdens, and registration
CHECKLISTS
Scottish dispositions: drafting checklist for real burdens and title conditions—creation, affirmative/negative and reciprocal burdens, use/building restrictions, personal burdens, and registration
This Checklist outlines the matters to weigh up and assess when preparing real burdens and title conditions in dispositions in Scotland. It looks in particular at real burdens concerning restrictions on use, alterations and works, as well as personal real burdens. For detail on the nature of real burdens and how they are created and construed, see Practice Note: Real burdens in Scotland—creation and interpretation. For real burdens addressing maintenance duties, see Practice Note: Real burdens dealing with maintenance obligations in Scotland. In this Checklist, the land affected by the burden is called the ‘burdened property’ and the land that enjoys the burden is the ‘benefitted property’. Drafting considerations When preparing a disposition, first ask whether imposing real burdens is required. It might be adequate simply to depend on: common law, e.g. the common laws regarding
Property
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