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A Practical Guide to Legal Rights in Scotland

A Practical Guide to Legal Rights in Scotland

Author: Sarah-Jane Macdonald
Publisher: Law Brief Publishing
ISBN: 9781914608131
Published In: January 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 839.86

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Description
Contents

Details

The concept of ‘legal rights’ is at its heart seemingly simple; giving certain parties a fixed entitlement to a deceased’s estate. Regardless of how straightforward it seems, in practice, legal rights are a veritable minefield. This book is intended to act as a roadmap to help practitioners navigate through those proverbial mines.

This practical guide is designed to collate the key principles, as well as highlight some of the quirks or greyer areas where there is little or inconsistent judicial authority.

Legal rights issues can broadly be split into three pillars, namely “who” is entitled, “what” they are entitled to and “how” legal rights are dealt with. This book will deal with each in turn, pinpointing important principles and issues, whilst providing practical solutions. The “who” chapters will deal with issues around modern families, minor, missing or incapax beneficiaries and duties to notify. It will then consider how the net moveable estate is ascertained, when heritable property may be moveable, when gifts may be taken into account, and what deductions are to be made. Finally, it will consider how legal rights are dealt with, including issues of forfeiture, collation, interest, the interaction with various taxes, and what planning may be undertaken to potentially mitigate such an entitlement.

Whilst it is aimed at those who may have less experience in dealing with all the complexities legal rights have to offer in practice, it is also designed to be a checklist for even the most experienced practitioners.

Chapter 1: Reminder of Basic Principles

Chapter 2: Who Is Entitled to Legal Rights?

Chapter 3: Issues With Certain Claimants

Chapter 4: Duty to Notify

Chapter 5: Establishing the Moveable Estate

Chapter 6: Inclusion of Assets Held by Another Party

Chapter 7: When Is “Heritable” “Moveable”?

Chapter 8: Conversion

Chapter 9: Partnership Property

Chapter 10: Valuing the Moveable Estate

Chapter 11: Issues With Valuing the Moveable Estate

Chapter 12: Deductions From Gross Moveable Estate