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Insights

On 26 February 2018, the Contract (Third Party Rights) (Scotland) Act 2017 (the “Act”) came into force which provides a statutory basis for third parties to be granted rights under a contract governed by Scots law.

The Offshore Petroleum Regulator for Environment and Decommissioning (“OPRED”) issued a consultation (“Consultation”) on 18 January 2018 in relation to the introduction of The Offshore Environmental Civil Sanctions Regulations 2018 (the “Regulations”). The relatively short consultation period closes on 15 February 2018. Strangely, the Consultation has been issued in the middle of an informal consultation on the same matter (issued by OPRED on 22 December 2017) which remains open for comment until 25 January 2018.

Recent publicity about an English Court of Appeal ruling on the rights of unmarried couples has highlighted the misunderstanding that many people have about their rights following their partner’s death.

The Private Housing (Tenancies) (Scotland) Act 2016 introduces a new type of tenancy in Scotland, under which it is possible for a tenant’s partner or other family members to inherit their tenancy following their death.  This Insight highlights the requirements which must be met in order to take advantage of the new provisions.

Currently, most private residential tenancies in Scotland are either short-assured or assured tenancies. These will continue as such until they reach their end or are terminated by one party or the other.

On 2 November the Scottish Government published its Consultation document “The Role Of Income Tax In Scotland’s Budget”.  Of particular interest to Scottish taxpayers are four alternative options for the taxation of income devolved to Scotland (being non-savings and non-dividend income), one of which will likely be adopted in future.

Family practitioners have been eagerly awaiting the Supreme Court decision in the case of McDonald v McDonald as to the interpretation of Regulation 4 of the Divorce etc (Pensions) (Scotland) Regulations 2000.   The Supreme Court have now released their judgment – creating a landmark decision for how pensions should be treated upon divorce.                                                                                                                                                                                                                             

Many people are reluctant to put in place a Will.  Some feel they are too young and do not wish to consider making a Will until later in life or they become seriously ill.  Others feel they have insufficient assets or are comfortable that their family will follow their instructions.   Regardless of your age or how modest or straightforward you think your estate is, we recommend all our clients put Wills in place.

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