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Gibson Kerr Solicitors Blog

Latest legal news on estate planning, including wills, trusts, executries, powers of attorney, and family law from our Edinburgh solicitors. For legal advice, contact our lawyers on 0131 225 7558.

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Recent blog posts

Gibson Kerr is a supporter of the Remember A Charity campaign, which encourages people to leave a gift to charity in their Wills.

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Care home costs promise

Posted by on in Getting Older

The Scottish Government has promised to make sure that people who have been paying for care that should have been funded by the NHS will get their money back.

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We understand that the Scottish Government intends to introduce its Bill to allow same sex couples to get married within the next month. It will be an important step forward for the rights of same sex couples.

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A recent survey of equity release advisers by Bridgewater Equity Release has found that that clients continue to hold a number of significant misconceptions about equity release.

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Gibson Kerr took part in last year’s Will Aid campaign, and would like to thank all the clients who helped us raise an impressive £310 to help Will Aid’s nine chosen charities, which include Christian Aid, Save the Children and the British Red Cross.

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According to a new survey, not enough people in Britain are making plans for their end of life.

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Fidelity Investments® has released the third instalment of its Intra-Family Generational Finance Study, which highlights the different approaches mothers and fathers take when discussing financial topics with their adult children.

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Recent research has found that 88% of advisers believe the equity locked up in a property should be a key consideration when planning for retirement.

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Two in five people (40%) retiring this year provide financial support to their families, according to new research from Prudential. Despite the financial pressures involved, around 49% of those planning to retire this year still expect to be able to afford to leave an inheritance to their families, although fewer (37%) believe their family actually expects to receive one.

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Arts charitable giving scheme a success

Posted by on in Wills

Gibson Kerr was among the Scottish law firms who took part in new legacy giving campaign "Love the arts, Leave to the arts" during February this year.

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According to the Society of Trust and Estate Practitioners’ (STEP) latest global quarterly confidence survey there is a slight drop in confidence in the immediate outlook, but prospects for the longer term are very positive. The Society reports that its survey registered a three year high in the long-term outlook for the industry.

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Do you need to update your will?

Posted by on in Wills

Although many people in the UK do not have a will, if you are one of those who have had a will drawn up , then the temptation can be to simply forget about it. This can be almost as bad as having no will at all.

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The Office of the Public Guardian (OPG) announced this week that it has reversed a decision to require substitute attorneys to sign powers of attorney before they are registered. The government agency had advised in February that such signatures would be necessary for all powers of attorney signed after 1st April.

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Bequeathed painting is by Rembrandt

Posted by on in Wills

The National Trust is celebrating after learning that a painting bequeathed to it in 2010 is worth a lot more than expected. According to the Guardian, the painting may very well be a self portrait by Rembrandt van Rijn, worth around £20 million.

The painting was bequeathed to the National Trust by the estate of the late Lady Samuel of Wych Cross, and while it appeared to be signed by Rembrandt it was thought to be a copy or simply the work of a pupil, of whom Rembrandt famously had many.

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The heir who refused to inherit

Posted by on in Wills

A long running legal impasse has finally been resolved, enabling two elderly American women to inherit an English estate, reported The Daily Mail this week.

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The Government announced last month that it intends to introduce reforms to the way in which the elderly pay for care costs in England. It aims to ensure that no one who has worked hard throughout their life will be forced to spend all of their savings or sell their home in their lifetime to pay for care.

Scotland and Wales have their own care regimes, but the issues involved in the English reforms are of interest across the UK.

Current position

At the moment, only those with assets of less than £23,250 and low income receive help from the State with their care costs in England. On top of this, there is no cap to the total amount that people are expected to pay, meaning that they can receive huge bills, forcing them to eat into savings or sell their home in order to pay for the care required.

Dilnot report

The Government commissioned a review in July 2010, to look at how best to protect people in England from high and unpredictable social care costs.

The Commission on Funding of Care and Support was chaired by Andrew Dilnot. It published its report in July 2011, recommending, among other things, that:

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One of our partners, Fiona Rasmusen, has been recognised by the law society of Scotland as a specialist in Family law. At Gibson Kerr we believe that it is important that the solicitors who are dealing with clients cases have specialist and indepth knowledge of the particular area of law in which they are working. 

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A former Welsh miner, who died last year at the age of 108, left a £10,000 legacy to Aberystwyth University, reported the BBC last week.

Rhys Lewis started his working life at 14, in the coalmines. After taking classes in night school, he enrolled at University, first in Swansea and then Aberystwyth, where he studied history and economic history.

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A recent report from the Legal Ombudsman of England and Wales details worryingly high levels of client dissatisfaction in the area of family law. Although this report relates to England and Wales, solicitors in Scotland should take note of the concerns raised and ensure that they are dealing with their clients in a fair and transparent way.

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Eat your last meal at the Café de Mort?

Posted by on in Wills

A new restaurant, serving only potentially deadly food, will open its doors in London for two days this month, as part of a campaign by Remember A Charity to encourage more people to leave a gift to charity in their Wills.

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