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Insights | Charities & Third Sector, Wills

Your guide to Scottish Wills – what not to forget, gifting assets and charitable donations

Legacies are commonly one of the most thoughtful and important aspects of any Will. Deciding what to leave beneficiaries and ensuring that they receive the gift requires careful thought from the individual detailing their wishes, but also skill on behalf of the solicitor drafting the document.

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Insights | Charities & Third Sector

Trustees and personal liability – health and safety for charities

It is important to be aware that as a trustee of a Scottish charity, you can face personal liability for health and safety breaches. Did you know that with personal liability comes the potential for significant fines or even imprisonment? This article highlights the importance of familiarising yourself with your duties as trustee and the interrelation of your duties with health and safety law.

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Insights | Charities & Third Sector

Charities Act 2022 – what charities with dual Scottish/English charity registration need to know

Reform of charity law in the UK has been on the agenda recently for legislators both north and south of the border. Those operating charities cross-border will know that the rules governing charities in Scotland are not entirely consistent with those that apply in England and Wales.

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Insights | Charities & Third Sector

Naming a building after a donor – gift aid rules

HMRC’s guidance on the gift aid rules which covered this point was updated in 2019. It was however slightly ambiguous in its terms, leading to some confusion about whether or not this was still the case.

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Insights | Charities & Third Sector

Charity investment duties – cross-border and in Scotland

As a charity lawyer, it is not too often that we have the excitement of litigation, testing the principles of charity law, making it to court. In recent times we have seen some high profile and interesting cases doing just that - in Scotland, the New Lanark Case, whereas south of the border, the Kids Company case and now Butler-Sloss & Ors v The Charity Commission.

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Insights | Charities & Third Sector

Thinking about updating your charity’s legal structure?

We all know how important it is to keep our charity’s constitution and purposes up to date. Depending on how your charity is constituted however, it may also be appropriate for the trustees to consider taking one step further and asking whether or not the charity also needs to update its legal form.

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Insights | Education

Seven top health and safety tips for teachers and lecturers

When deciding which health and safety policies should be introduced in an educational environment, an employer should carry out a risk management assessment to identify, analyse, review, and monitor risks. We first highlight some of the key factors for consideration throughout our article, and also share our seven top health and safety tips for all involved in education provision to keep in mind.

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Insights | Transport

Basic Horse Box Guidance

One of the many areas of responsibility of the Driving and Vehicle Standards Agency is stated to be “carrying out roadside checks on commercial drivers and vehicles to make sure they follow safety rules and keep their vehicles safe to drive”. Recently, helpful guidance was issued for individuals and businesses involved in the transportation of horses and horse box vehicles and vehicle combinations with trailers.

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Insights | Corporate Law, Education

Could you make your own clean energy? – Four things to understand

We have declared a climate emergency and net-zero is rarely out of the public conversation. There is renewed hope that we have reached a tipping point in the clean energy revolution.

Our students and school pupils have played a critical role in leading us here. They have generated a sense of urgency and made us all realise that we still have agency, and that action is possible.

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Insights | Rural

Change in the Scottish rural land market and responsible investment in natural capital

A longstanding characteristic of the Scottish rural land market is high demand and low supply. Natural capital investment to tackle climate change has emerged as an additional factor. The factors of growing demand for rural lifestyle property, agricultural business expansion, demand for forestry planting land and charitable and institutional investment remain. The topic draws a broad spectrum of opinion from commentators.

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Insights | Rural

Boundaries and Maintenance: What you need to know

Determining where a boundary lies and who is responsible for maintaining it can sometimes be a tricky issue, particularly in a rural context. While the title deeds may be explicit and you need to look no further, in many cases further investigation will be required.

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