We are often asked by our clients, on the closing date, if they should simply accept the highest offer. Instinct says “yes”, but it’s not always as simple as that. You see, price, whilst being very important (and sometimes the most important) element of the sale, it’s not the only thing you need to consider.

Whilst the highest offer is clearly attractive, sometimes, it’s not the “best” offer. You see, whilst price is clearly a very important factor when you’re selling your house, it’s not the only one.

As solicitors, we advise clients every day on the terms of the offers they receive when they’re selling their houses. It is our job to guide you through all the terms and conditions in the offer and explain these to you.

Over time, circumstances can, and usually do, change. When that happens and you’ve already made your Will, it makes sense to review it to make sure it still reflects your wishes. For instance, you may have divorced or gotten married. You might have a new child or grandchild. Your health or financial circumstances might have altered dramatically leading you to review your wishes. There are many more instances when you might consider making changes to your Will. That apart, it’s always sensible to review it regularly in any case – perhaps once every five years or so just to make sure it does reflect your wishes.

You need to remember that your Will is a legal document so don’t be tempted to just add some hand-written notes at the end. That could cause more problems than you might think it will solve! If you used a solicitor to prepare your Will, it will have been properly constructed and your signature would have been witnessed. This formal process ensures your Will is valid and having a solicitor involved helps make sure you didn’t sign it under any form of duress.

We are delighted to welcome Anna Dickson as our new Trainee here at Stewart & Bennett. Anna completed her Diploma in Professional Legal Practice at the University of Glasgow last year having graduated with her LLB Degree from Glasgow Caledonian University the previous year.

Anna, who lives in Dunoon, first worked as an Intern with us for four weeks last year before then being engaged as a legal executive with the firm. This has enabled Anna to gain solid, practical experience before embarking on her Traineeship.

On 26 March 2021, the Langholm Moor community buyout deal was completed. 5,200 acres (2,100 hectares) of land along with six properties was purchased for £3.8m. This is the largest community buyout of land in Scotland.

The Community Right to Buy was brought into law by the Land Reform (Scotland) Act 2003 and we thought we’d have a quick look at what’s involved in Community Right to Buy, who is entitled to buy, what’s involved and when it can happen. It covers the situation when a landowner wishes to sell.

This is not the same as a Community Asset Transfer – we may do an article on that topic later. That covers the situation when a community can seek ownership of publicly owned land even though there were no plans to sell it.

When a family member or close friend dies, it’s always a very stressful time. When this happens, there are some things you need to do right away – like arranging the funeral. You’ll have to let people know about the arrangements and deal with the financial elements involved – and when money is involved, problems are usually close behind.

We normally find out that someone has died when a relative or friend gets in touch with us. Usually, their first question is “Is there a Will?”. If we’re holding the Will, we’ll be able to check whether there are any special preferences for funeral arrangements. If the Will doesn’t instruct any special funeral arrangements or if there isn’t a Will, it’s left to those arranging the funeral to make all the decisions.

Land and Buildings Transaction Tax (LBTT) is to revert to its pre-Covid-19 levels on 1 April. In her Budget statement on 28 January, Kate Forbes, the Cabinet Secretary for Finance announced that the threshold above which LBTT is to be paid would revert to its pre-pandemic level of £145,000 (£175,000 for first-time buyers).

This is a blow to those looking to purchase a new home in 2021 because if they don’t complete their purchase on or before 31 March and they’re buying for more than £145,000 (£175,000 for first time buyers), they’ll pay LBTT starting at 2% of the value of the property over that figure.