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Latest News From Complete Clarity Solicitors

The latest legal news & family, employment, personal injury and wills & succession law news from Complete Clarity Solicitors.
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Making decisions about our bodies for both life and death

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Making decisions about our bodies is a critical component of estate planning. There are various areas where a person can prepare in advance to present information about their preferences, allowing their requests to be honoured in the end. Failure to carry out such future planning can result in various default legislation taking effect, which may result in an outcome that the individual would not have desired.

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What Commercial Landlords Should Do When a Tenant Requests Alterations

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What Commercial Landlords Should Do When a Tenant Requests Alterations

The tenant's obligation to get consent

Unless there is an apparent limitation in the Lease Agreement, a tenant is entitled to make the desired changes without first seeking the landlord's permission. Hopefully, the renter has previously analysed the lease conditions to determine whether they require the consent.

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A guide to the guardianship procedure and how it may impact you

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What does guardianship entail, and what am I required to do?

Do you understand what it means to become a guardian? You may have heard the terms 'Guardianship' and 'Guardian' without understanding the actual meaning. This article addresses the guardianship of individuals, sometimes known as adults with incapacity. Here, we will explore what becoming a guardian entails.

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Separation and Divorce the significance of planning financially in trying situations

Separation-and-Divorce-the-significance-of-planning-financially-in-trying-situations

According to a recent poll produced by Citizens Advice Scotland, 41 percent of adults in Scotland are financially worse off as a result of the Covid-19 pandemic alone. Furthermore, there are concerns that Scots will continue to suffer as a result of rising energy costs, rising inflation, and overall increased living expenditures. Many families are likely to slip into debt or possibly poverty as a result.

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What can be done to recover rent arrears on a commercial property in Scotland?


The landscape for commercial landlords in Scotland continues to shift, as the remaining pandemic-related limits on rent arrears collection are eliminated this month.

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Is it possible to recover money due to you without having to do going to court?

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Often, clients contact us regarding debts due to them, with the understanding that a lengthy and expensive court action will have to take place before they have a hope of retrieving those funds. However, given the correct circumstances, there may be another alternative available.

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Is an unwritten lease enforceable in Scotland?

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Is an unwritten lease enforceable in Scotland?

Commercial landlords are not uncommon to have tenants occupy premises without a formal lease. It can occur for a variety of circumstances. It is possible that the tenant was pressed for time and began trading prior to the lease being signed. It is possible that a portfolio was purchased with the understanding that the prior landlord would support informal occupation agreements. Alternatively, a tenant may have taken occupancy without the landlord's permission (which is not uncommon in tenant insolvency circumstances) and kept paying rent undetected by the landlord.

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Tips before taking out your first business loan

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Tips before taking out your first business loan

With the increasing relaxation of Covid-19 limits across the UK, you may consider taking on debt to fund your commercial objectives. Have a think about the following three points before taking out your first business loan.

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Pension Sharing After A Divorce

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If you're not married or in a civil partnership, and separate from your partner

If you and your spouse have been unable to maintain your relationship and are considering a formal separation, there are numerous considerations. Choosing to end a relationship that has lasted many years, in some cases, can be a very trying and emotional experience. Among the numerous issues that will need to be addressed is how your pension entitlement is handled and organised following the end of your relationship with your spouse.

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Clarity Simplicity's 6 reasons why you should not date a lawyer

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Clarity Simplicity's 6 reasons why you should not date a lawyer. Being in a relationship with a lawyer may sound attractive, but it's maybe not as fun as you would think it would be. We don't really don't make very good partners - in the romantic sense, at least. Here are six reasons to stay away from a romantic relationship with a lawyer.

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What are the effects of divorce on children?

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Understanding the consequences of divorce on children can be vital before deciding how to proceed with the separation and divorce process in the most effective manner.

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What happens when a Will is lost

What happens when a Will is lost

What happens when a Will is lost

A Will must be signed on every sheet by the person who is granting it in order for it to have legal force. It is not adequate to have a copy of the Will. As a result, a copy of the principal Will will not be utilised in place of the principle will automatically. An action known as "proving the tenor" is required in order to get a court order. When the tenor of the copy document is determined, the copy document has the same force and effect as the original document in every regard.

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Living Wills and Powers of Attorney for health care and welfare decisions

Living Wills and Power of Attorney are legal documents that help people make healthcare and welfare decisions for themselves. As you are no doubt aware, we are all living longer lives than we used to. Unfortunately, as people grow older, they have a greater risk of having chronic illnesses. At Clarity Simplicity, we would like to provide some insights and helpful tools that can help you and your loved ones guarantee that their wishes are properly carried out in the event that they are diagnosed with cancer or another chronic illness.

How to Plan for Long-Term or End-of-Life Care

Given that we are living longer lives and are increasingly at risk of getting diseases such as cancer, it may become necessary to make decisions about the care and treatment we receive – or do not receive – in the future. When we are nearing the end of our lives, and we have lost the ability to make decisions for ourselves, there will be no one who has the right to refuse invasive treatment on our behalf unless we have a Living Will or a Power of Attorney.

If you are unable to communicate your wishes at the time of your death, a Living Will outlines the circumstances under which you would like to decline treatment. This entails outlining your wishes in a written statement and telling your family members of your intentions. This ensures that the medical team is fully aware of how you would like treatment to be carried out, or, alternatively, which therapies we would prefer not to have. It also guarantees that the medical staff are fully informed of your medical needs. It also specifies when you should be allowed to end your life or when a specific form of treatment should be administered.

Living Wills and Powers of Attorney for health care decisions

Having a Living Will relieves your family of the pressure of making difficult decisions on your health care directive in the event of your death. Due to the fact that you have already made those difficult decisions and put in place a document that outlines your wishes in black and white, it can assist to alleviate any feelings of guilt or ambiguity. In this case, your families may rest comfortably that it was your decision to forgo therapy, not theirs.

While Living Wills are not legally binding in Scotland, they are powerful evidence of your wishes and are more likely to be followed, especially in light of the fact that the Adults with Incapacity (Scotland) Act 2000 states that the past wishes and feelings of an adult with incapacity should be taken into consideration when making medical care decisions.

Contact us if you have any questions concerning a Living Will, a Power of Attorney for Health Care or Welfare issues, or the process for preparing a Will.

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FAQs

What is an Advance Directive?

An Advance Directive is a document that is prepared while you have the legal capacity and can communicate and make decisions about your own welfare. It is prepared as an advance instruction to Doctors confirming the healthcare treatment/measures that you want to be taken/not taken, in the event that you are in poor health.

Why have an Advance Directive?

In Scotland, an adult with legal capacity has the right to make decisions, and provide opinions, on their medical treatment. This includes the right to refuse medical treatment. People can refuse medical treatment for a number of different reasons. Examples would be where a person does not consent to treatment because of religious beliefs however, it can also be used to direct Doctors as to whether you would want heroic measures to be taken in the event of a medical emergency. Examples of where you might wish to refuse treatment are: -

1.         Cardiopulmonary resuscitation (CPR) if your heart stops;

2.         Being put on a ventilator if you cannot breathe on your own;

3.         Being given food or fluids artificially;

4.         Being given antibiotics where you are suffering from a life-threatening infection.

Being able to influence, or indeed refuse treatment, is dependent upon a person being able to communicate their wishes. In circumstances where a person has lost their legal capacity, they cannot communicate and accordingly, cannot influence or refuse their medical treatment. This gives rise to certain legal and practical difficulties and can impose certain pressures and stress on loved ones and family members who are ultimately left to guide the Doctors.

Having an Advance Directive can assist you to make informed decisions in your own time by considering all of your options. We would strongly advise speaking to a Doctor or Medical Practitioner. It gives direction to your loved ones as to your wishes. It will give peace of mind that your wishes are known about and documented.

What should you think about when making an Advance Directive?

In order to make an Advance Directive, you should think about situations in which you would want to refuse treatment. You should speak to your GP, Doctor, or others involved in your care such as a Consultant, District Nurse or Carer. Medical Practitioners will be able to assist in helping you understand treatments and the consequences of having those treatments. You should discuss the matters with those close to you.

Who should you make aware of the existence of an Advance Directive?

In order to ensure that your wishes are documented and respected, we would recommend that you discuss the Directive with your next-of-kin, your Attorney (Power of Attorney), your GP and any other individual that is involved in your case such as a Consultant, District Nurse or Carer.

Can an Advance Directive be changed?

We would recommend that you regularly review your Advance Directive. If you wish to make changes then you should destroy your previous Advance Directive and make your next-of-kin, your Attorney (Power of Attorney), your GP and any other individual that is involved in your case such as a Consultant, District Nurse or Carer, that you have created a new Advance Directive.

Do you require a solicitor?

Advance Directives are not legally binding however, they give a clear intention as to your wishes and accordingly, ought to be adhered to. An Advance Directive may become open to challenge where it is believed that you lacked capacity at the point where it was signed. Having a solicitor prepare, and witness, your Advance Directive will ensure your capacity at the time of signing. Power of Attorney & Guardianships in Scotland

Have you been asked to obtain Power of Attorney or Guardianship and need to know more? Is a relative or loved one suffering from a mental illness and you need to look after them and their finances? Are you dealing with an incapable Adult?

Clarity Simplicity Private Client

For a Free* consultation with our Power of Attorney and Guardianship lawyers based in Glasgow call us today on 0808 169 7318 or complete our online enquiry form and let us help you.

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Family law - transferring shares as part of a divorce

In the majority of divorces, it's not uncommon for both parties to have shares in a family-owned company. Most often, the company includes others in the family, but the most typical situation is one where spouses own 50 per cent of the shares each. This arrangement is often been recommended by the accountant of the family to reduce the burden of tax on income.

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Remote Appointment Guide

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Clarity Simplicity Frequently Asked Questions

At Clarity Simplicity, we know that speaking with a solicitor can often seem like a frightening process. We therefore want to do all that we can to ease your concerns by being open, honest and upfront at all times. Our clients are at the heart of everything that we do. This is why we offer a tailored approach. We know that that one size does not fit all. We often find that clients ask us the same initial questions. So, to help you, we have included a list of our frequently asked questions and answers below: -

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Your Choice - Our message to clients

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Clarity Simplicity are now in Dumfries and Galloway!

Clarity Simplicity are now in Dumfries and Galloway

We're thrilled to now be able to offer our wide range of legal services from within the beautiful historic town of Dumfries. We take a fresh and friendly approach to solving our clients’ legal issues and provide them with clear and reliable advice.

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Client Update: Enhanced Email Security Measures Implemented & Email Security Tips

Recently we were alerted that one of our company email accounts had been compromised. Our IT Support have investigated and have assured that there are no indications of any data being accessed.

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The Ins and Outs of Mediation and Resolving Disputes in Scotland

Our Director, Billy Smith, sits down with Simon Horne, Service Director at Olive Mediation Group, to discuss the ins and outs of mediation and resolving disputes in Scotland:

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