Facility and circumvention meaning

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

Legal validity of Wills In Scots law, a testamentary writing made after 1995 is treated as valid and self‑proving where the following requirements are met: the testator has signed every page the signing took place in the presence of a witness the witness signed the final page The absence of one or more of these features is not fatal, provided the testator did sign the document. If so, anyone with an interest (for example, an executor or beneficiary) may ask the court to ‘set up’ the writing. This can be done by summary application in the Sheriff Court, or incidentally within other proceedings, and in practice is often pursued when applying for confirmation. The burden of proof rests on the applicant, and evidence will usually be by affidavit unless the court directs otherwise. A decree has the effect of creating a presumption that the document was subscribed by the person granting it. Grant of confirmation Confirmation is the...

FORTHCOMING CHANGE The Trusts and Succession (Scotland) Act 2024 obtained Royal Assent on 30 January 2024, representing the first reassessment of Scottish trusts law in more than a century since the Trusts (Scotland) Act 1921. The trusts provisions will come into force only following secondary legislation made by the Scottish Ministers, whereas the succession elements commenced on 30 April 2024. The principal updates modernising the law are outlined in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes dealing with Scottish trusts and succession will be further revised to reflect this new statute. This Practice Note outlines the Scots law requirements for a Will to be formally valid and the conditions that must be satisfied to give effect to a Will. For general guidance on Wills under Scots law, see Practice Note: Wills in Scotland—overview. Wills Act 1963 A Will is formally valid if it is duly executed under the law of the testator’s domicile, habitual residence or nationality at the time of execution of the...