A Practical Guide To Legal Rights In Scotland

Author : Sarah-Jane MacDonald
Publisher :
ISBN 13 : 9781914608131
Total Pages : 194 pages
Book Rating : 4.35/5 ( download)

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Download or read book A Practical Guide to Legal Rights in Scotland written by Sarah-Jane MacDonald and published by . This book was released on 2022-01-31 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. ABOUT THE AUTHOR Sarah-Jane advises on all aspects of Private Client law, with a particular interest in complex or contentious trusts and estates. She is recognised as a "Key Lawyer" by Legal 500 for both 'Personal Tax, Trusts & Executries' and 'Contentious Trusts & Probate'. Sarah-Jane is a full member of the Society of Trust & Estate Practitioners (STEP), having previously won a STEP Worldwide Excellence Award (Trusts Law & Practice) and gained her STEP Diploma (Scotland) and Advanced Certificate (Trust Disputes), both with distinction. She is also a current member of the STEP Scotland Branch Committee and is dedicated to furthering the profession through STEP and other avenues. Having previously achieved a First-Class Honours Degree in Mathematics & Economics, before entering her career in law, Sarah-Jane uses those problem solving skills alongside her private client experience to reach practical resolutions to disputes. She has hands-on experience in negotiation and mediation, and in 2021 won the Core at 20 Mediation Challenge. She regularly speaks about dispute resolution for trustees and executors, in particular on the many issues surrounding legal rights.

Author :
Publisher :
ISBN 13 : 9780414013698
Total Pages : 428 pages
Book Rating : 4.97/5 ( download)

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Download or read book A Practical Guide to Human Rights Law in Scotland written by and published by . This book was released on 2001-01-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Stephen K. L. Chan
Publisher :
ISBN 13 : 9780414059771
Total Pages : 250 pages
Book Rating : 4.78/5 ( download)

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Download or read book A Practical Guide to Partnership Law in Scotland written by Stephen K. L. Chan and published by . This book was released on 2018-10-31 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Philip Buchan
Publisher :
ISBN 13 : 9781913715281
Total Pages : 102 pages
Book Rating : 4.80/5 ( download)

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Download or read book A Practical Guide to the Law of Forests in Scotland written by Philip Buchan and published by . This book was released on 2021-04-27 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical guide is a well-organised and easily accessible introduction to the law applying to forests and woodlands in Scotland. The book will be a useful tool for anyone interested in Scotland's forests whether large commercial plantations or small woodlands. The text is succinct and empathetic with helpful explanations and references to key sources of information throughout. ABOUT THE AUTHOR Philip Buchan is a solicitor specialising in land law and in particular countryside matters. He qualified in 2005 (Writer to the Signet, 2016). Philip regularly publishes articles in sector newsletters and magazines and national newspapers such as the Scotsman. He also blogs on forestry, land reform and agricultural matters. CONTENTS Chapter One - Forestry Law History and Legislation Chapter Two - Scotland's Forestry Strategy and Governance Structure Chapter Three - Management of Land by the Scottish Ministers Chapter Four - Tree Species and Health Chapter Five - Forestry Standards Chapter Six - Felling Chapter Seven - Financial Support Chapter Eight - Timber Transport Access Chapter Nine - Land Information Search, Ancient Monuments and other Designations Chapter Ten - Third Party Rights Chapter Eleven - Boundaries and Mapping Chapter Twelve - Deer Management Chapter Thirteen - Hutting Chapter Fourteen - Community Woodlands Chapter Fifteen - Forestry Taxation Chapter Sixteen - The Woodland Carbon Code Chapter Seventeen - Conclusion

Author : SHERIFF FRANCES. KELLY MCCARTNEY (SHERIFF TONY.)
Publisher :
ISBN 13 : 9780414065239
Total Pages : pages
Book Rating : 4.39/5 ( download)

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Download or read book Practical Guide to Public Law in Scotland written by SHERIFF FRANCES. KELLY MCCARTNEY (SHERIFF TONY.) and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Ann Stewart
Publisher : Bloomsbury Publishing
ISBN 13 : 1526509474
Total Pages : 817 pages
Book Rating : 4.75/5 ( download)

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Download or read book Conveyancing Practice in Scotland written by Ann Stewart and published by Bloomsbury Publishing. This book was released on 2020-03-04 with total page 817 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering the many changes to property law and conveyancing practice driven by the Scottish Parliament in recent years, including its land reform agenda, Conveyancing Practice in Scotland, Eighth Edition is an indispensable guide for residential and commercial property lawyers at all levels. Encompassing both commercial and residential conveyancing, the Eighth Edition of this highly regarded text, has been reviewed and updated throughout to take account of: - evolving and settled practice under the Land Registration etc (Scotland) Act 2012 - the practical effects of the community rights to buy - introduction of the Additional Dwelling Supplement on Land and Buildings Transaction Tax - prospective effects of the proposed Register of Controlled Interests in Land - the Scottish Law Commission proposals for changes to the law relating to title conditions, and heritable securities In addition to the property law aspects, this text also covers the practical and ethical considerations of acting in a conveyancing transaction, such as anti-money laundering procedures and conflicts of interest. Standard missive clauses are examined in detail with reference to their application in practice. Written by practising lawyers with many years of transactional and mentoring experience, this book is the only practical guide to managing conveyancing transactions in Scotland.

Author : Susie Mountain
Publisher :
ISBN 13 : 9781913715823
Total Pages : 0 pages
Book Rating : 4.25/5 ( download)

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Download or read book A Practical Guide to International Issues for Scottish Family Lawyers written by Susie Mountain and published by . This book was released on 2024-02-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book navigates a way through various jurisdictional matters to which practitioners should have regard when tendering advice to family law clients. Even where a case initially appears to be straightforward, it is imperative (from a risk management perspective) to ensure that comprehensive advice has been provided. For families, increased global mobility has potential significant consequences. This practical guide distils the key issues into accessible sections, focussing on jurisdiction, enforcement, arbitration, protective agreements and the movement of children. This is a useful reference guide for those involved in advising clients on a daily basis, for the preparation of legal submissions, for students or simply those with an interest in this fascinating area of law. CONTENTS Chapter One - Relationships Entered Into Abroad Chapter Two - Jurisdiction on Separation: Scotland Chapter Three - Jurisdiction on Separation: UK and the Channel Islands Chapter Four - Raising an Action in Scotland: Which Court? Chapter Five - Brexit Chapter Six - Contest of Jurisdiction Chapter Seven - Protection: Pre and Post Nuptials and Other Forms of Agreement Chapter Eight - Arbitration Chapter Nine - Enforcement Chapter Ten - Parental Rights and Responsibilities Chapter Eleven - The Hague Convention Chapter Twelve - Relocating With Children: "Shared Parental Intention" Chapter Thirteen - The Welfare Principle Chapter Fourteen - Views of Children Chapter Fifteen - Other Considerations for the Court in Child Relocation Cases Chapter Sixteen - Relocating From Scotland to Other Countries Chapter Seventeen - Preparing Your Client's Child Relocation Case Chapter Eighteen - Cases of Interest Chapter Nineteen - International Child Abduction After Brexit Chapter Twenty - Habitual Residence Chapter Twenty-One - Conclusion

Author : Janys M. Scott
Publisher : Sweet & Maxwell
ISBN 13 : 9780414017320
Total Pages : 514 pages
Book Rating : 4.23/5 ( download)

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Download or read book Education Law in Scotland written by Janys M. Scott and published by Sweet & Maxwell. This book was released on 2016-07-22 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides a comprehensive and practical guide to education law, covering the rights and duties of schools and parents.

Author : Charlotte Hadfield
Publisher :
ISBN 13 : 9781912687510
Total Pages : 248 pages
Book Rating : 4.18/5 ( download)

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Download or read book A Practical Guide to the Law in Relation to School Exclusions written by Charlotte Hadfield and published by . This book was released on 2020-10-31 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: A school exclusion is a sanction of last resort that can adversely impact a pupil's life outcomes for many years after the event. The law relating to school exclusions is a complex tangle of public and regulatory law, anti-discrimination and human rights, statutory guidance, and (in relation to independent schools) principles of commercial contract and tort. It can be very difficult to know where to start, whether challenging a decision to exclude or defending one. This book offers a practical guide to the law, and will serve as a useful source of reference for pupils and their parents, head teachers, governing boards of schools, local authorities and practitioners in this surprisingly complex and multidisciplinary area. ABOUT THE AUTHORS Charlotte Hadfield is the head of 3PB Barristers' (3 Paper Buildings) Education Team. She is a specialist in all areas of law related to education, including health, social care and employment law, and has a particular interest in exclusion and discrimination. She is listed in the Legal 500 and Chambers & Partners as a leading junior in education law. Charlotte's first introduction to education law was as a clerk for independent appeal (now review) panels. She represents excluded pupils, their parents, governing boards and local authorities before independent review panels, in the First-tier Tribunal and the County Court in claims for discrimination and breach of contract, and in the Administrative Court in judicial review proceedings. Charlotte has also appeared in education-related appeals before the Upper Tribunal and the Court of Appeal. Her clients appreciate her approachability, pragmatism and user-friendly advice in conference, and her knowledge, experience and attention to detail in hearings. Charlotte has delivered training on all aspects of education law to a variety of audiences, including parents, schools, local authorities, expert witnesses and lawyers. Alice de Coverley is a specialist education, equality, inquiries and public law barrister with 3PB Barristers (3 Paper Buildings). She regularly acts on behalf of children and young people, vulnerable adults, parents and carers, schools, local authorities, charities and NGOs, government departments including Ofsted, students, and universities. Alice has been challenging unlawful exclusion practices since she was at law school, when she was the Chief Director of the award-winning pro bono unit, the "School Exclusion Project". In 2012 the School Exclusion Project won the 'Bar Pro Bono Award'. In 2014 the School Exclusion Project was runner up in the Attorney General LawWorks Pro Bono Awards for 'Best Contribution by a Team of Students'. Alice has also helped to create a number of BBC Radio 4 programmes about school exclusions. She is also newly listed this year in both the Legal 500 and Chambers & Partners.

Author : Nicola Smith
Publisher : Bloomsbury Publishing
ISBN 13 : 1780439660
Total Pages : 267 pages
Book Rating : 4.62/5 ( download)

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Download or read book Adult Protection and the Law in Scotland written by Nicola Smith and published by Bloomsbury Publishing. This book was released on 2016-05-03 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adult Protection and the Law in Scotland provides a guide to the general principles of legislation in relation to adult protection. This updated text includes a new chapter on financial harm and abuse covering topics such as commercial debt, mis-selling products, insurance and loans. This title includes coverage of the Self Directed Support (Scotland) Act 2013 and Protection of Vulnerable Groups (Scotland) Act 2007, Public Services Reform (Scotland) Act 2010 including creation of Healthcare Improvement Scotland (HIS) and Care Inspectorate and the principles of the Self Directed Support Act. This title also covers Court Measures of Protection with practical information on preparation for adult protection hearings, drafting applications, addressing sheriffs, use of temporary orders, warrants for arrest and remedies for breach of orders including a new section on contempt of court.