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Scottish Independence effecting legal laws

25th March 2014 Print

The Scottish independence referendum vote is due to take place on the 18th September 2014. However, the full implications for both England and Scotland remains the subject of fierce debate which will only intensify as the vote draws nearer. With many issues still to be resolved, many commentators note that political posturing from all sides is preventing tangible solutions from being discussed and agreed upon.

After centuries of joint cohesion Scottish independence would demand significant changes in constitutional matters, legal systems, currency and armed forces, the list is almost endless. How would Scottish independence affect legal matters such as wills, probate and conveyancing? Quite simply, at this stage no one can give a definitive answer.

If all your assets including property, money and business holdings are outside Scotland then there would seem no cause for any worries. However, if any assets are held in an independent Scotland then you would be well advised to take advice of how best to proceed, in the first instance visit

The Scottish Government has yet to publish its White Paper that will outline proposed changes in all systems, until that time one can only speculate. Property and land could be subject to regulations and laws that remain under discussion. An independent Scotland could make its own tax laws and the continuing debate over the use of the pound as currency could also have implications.

The Law Society Gazette maintains that for the legal profession, an independent Scotland should hold little fear with many practices holding offices north and south of the border. Client demands that are both sides of the border would blur the lines between the two countries.

Most people do not talk about what is going to happen when a family member passes away and so a Will and other arrangements may not have been completed. This is a delicate subject but, should the worst happen, it makes good sense to hold talks with the relevant family members without delay. Getting one’s affairs in order will help those left behind, who will be grief stricken enough without having to undertake complicated legal steps to disentangle the inevitable mess that not having a Will could cause.