Scottish Trust law is in the process of an overhaul, and last month MPs voted unanimously to approve the Trusts and Succession Scotland Bill, which is expected to receive royal assent this year. Scots trust law is currently based on the Trusts (Scotland) Act 1921. As the jurisdiction next door, with which England & Wales has very... Continue Reading →

Many British people own second homes in France, so I am regularly asked about making a French Will. My advice is always that if you own real property (i.e. a house, apartment, land or similar) in another jurisdiction such as France, it is best and simplest to limit the scope of your UK Will to your... Continue Reading →

Technology is having an impact in Will writing. The process of Will writing itself - which is still largely regulated by the not-so-recent Wills Act 1837 - has been updated so that a Will can be witnessed remotely over a video link. This option came into force during the Covid era and has now been... Continue Reading →

When you make a Lasting Power of Attorney, there is scope to give guidance for your attorneys about how you would like them to exercise their powers. Many people decide not to fetter their attorneys' discretion in any way, and to give them carte blanche to do whatever they deem necessary in exercising their powers... Continue Reading →

An ordinary power of attorney (OPA) can be very useful - they are governed by both the Powers of Attorney Act 1971 and the common law. How to make an ordinary power of attorney In order to make an ordinary power of attorney, the donor must be capable of understanding the nature and effect of... Continue Reading →

There are various important reasons to update your will: 1. Life Changes: Major life events such as marriage, divorce, the birth of children, or the death of a beneficiary or executor may necessitate changes to your will. 2. Changes in Assets: If your financial situation changes significantly, whether through inheritance, increased wealth, or the acquisition... Continue Reading →

I am often asked why someone should make an 'LPA' or Lasting Power of Attorney. Life is of course unpredictable, and none of us ever quite knows what lies around the corner, so I find I regularly make LPAs for people in their 30s and 40s, as well as those in older age groups. In... Continue Reading →

Murder mystery enthusiasts - I'm seeing posters everywhere at the moment recommending the first "Chiltern Kills" crime-writing festival, which is due to take place in Gerrards Cross, just 20 minutes from London Marylebone, on Saturday 7th October 2023. What with Chiltern Kills rhyming so nicely with Chiltern Wills, and also a certain commonality of theme... Continue Reading →